San Diego VAWA Lawyer

A Trusted and Dedicated Legal Advocate in VAWA Cases

The Violence Against Women Act (VAWA) of 1994 brought about an important change in the Immigration and Nationality Act, giving hope to those who have suffered abuse in their relationships. It allows certain individuals to petition for an immigrant visa, regardless of gender. This visa provides a safe way for victims to leave their abusive situation and start a new life in the United States. To qualify for a VAWA-eligible visa, one must show proof of the abusive relationship and their current residence in the country. Because of the challenges involved, having the support and guidance of an immigration lawyer is essential.

At San Diego Immigration Law Office APC, we understand that petitioning for a visa through VAWA can be complicated and stressful, especially for those who have suffered abuse. Our San Diego VAWA attorney can help gather the necessary evidence, navigate the various steps, and advocate for your rights. 

To discuss your situation with us, please call (619) 473-2506 or submit an online contact form today.

What is a VAWA Visa?

The U.S. Violence Against Women Act of 1994 amended the Immigration and Nationality Act. Specifically, it gave abused spouses, children, and parents of U.S. citizens or LPRs the ability to petition for an immigrant visa. The rules apply to both men and women. Unlike traditional green card applications, the amendment means abused relatives can petition themselves without the abuser's knowledge.

Eligibility for a VAWA visa ultimately depends on the nature of your relationship with the abuser and your current residence in the U.S. Understandably, this can be a complicated process, so having an immigration lawyer help you through it can make things easier.

Eligibility for Spouses

The eligibility requirements for VAWA include the following:

• You are married to a U.S. citizen or permanent resident; or
• Your marriage was terminated by death or divorce within the previous two years (divorce must be related to the abuse); and
• You have been abused by your spouse (or your children were abused);
• You did not marry for immigration reasons; and
• You have lived with your spouse.

Eligibility for Children & Parents

For a VAWA visa as a child or parent, you must:

• Be the parent or child of a U.S. citizen or LPR (if a parent, your abusive son/daughter must be at least 21 years of age);
• Been abused by either your parent or child;
• Have lived with them; and
• Be of good moral character (children under the age of 14 are automatically assumed to be of good moral character).

Applying for a VAWA Visa

Applying for a VAWA visa follows a similar process to other applications for adjustment of status. The main difference is that you can self-petition without the abuser's knowledge. As such, gathering the right information can be a stressful and difficult process, so it helps to have an immigration lawyer guide you through it.