How to Convert a Marriage-Based Petition to a VAWA Self-Petition After Experiencing Abuse

Navigating the U.S. immigration system can be complex and challenging, especially when a foreign spouse finds themselves in an abusive relationship with their sponsoring spouse. If you’re in this situation, it’s important to know that you don’t have to remain dependent on your abuser for your immigration status. Under the Violence Against Women Act (VAWA), certain spouses of U.S. citizens or lawful permanent residents (LPRs) can self-petition for a green card without their abuser’s knowledge or involvement.

If you’re experiencing abuse and are currently part of a marriage-based immigration process, here’s what you need to know about converting your marriage-based petition into a VAWA self-petition.

What is VAWA?

VAWA, or the Violence Against Women Act, allows victims of abuse to file a self-petition for a green card. This protection is available to both men and women and includes those who have been physically, emotionally, or psychologically abused by their spouse.

The key benefit of a VAWA self-petition is that it allows you to pursue your green card independently, without your abuser’s cooperation, and it keeps your petition confidential. The abusive spouse will not be notified about your petition.

Can You Convert Your Marriage-Based Petition to a VAWA Self-Petition?

Yes, it is possible to convert a marriage-based petition into a VAWA self-petition if you have experienced abuse from your U.S. citizen or LPR spouse. Here’s how you can take action:

1. Identify Abuse Abuse can take many forms—physical, emotional, verbal, sexual, or financial. It’s important to recognize any controlling or manipulative behavior that may constitute abuse. VAWA does not require you to prove physical harm, but you will need to demonstrate that you’ve experienced abuse in some form.

   
   

2. File a VAWA Self-Petition (Form I-360)To begin the process, you’ll need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is used to self-petition under VAWA. You will need to provide evidence of your marriage, proof of your spouse’s abusive behavior, and documentation of your good moral character. Supporting evidence could include police reports, medical records, affidavits from friends or family, or other documents showing the abuse.

   
   

3. Ensure Confidentiality The VAWA self-petition process is confidential. Your abusive spouse will not be notified or contacted at any point, ensuring your safety and security throughout the process.

   
   

4. Eligibility for VAWA To be eligible for VAWA, you must prove:

   • You are or were married to a U.S. citizen or LPR.

   • Your marriage was entered into in good faith, not for immigration purposes.

   • You resided with your spouse.

   • You have been subjected to abuse or extreme cruelty.

   • You are a person of good moral character.

     
     

5. Protect Your Immigration Status Once your I-360 is approved, you can apply for a green card if you haven’t already done so. If you’re already in removal proceedings, VAWA can help you fight your case and stay in the U.S. You may also be eligible for employment authorization while your self-petition is being processed.

   
   

Steps to Take if You’re Experiencing Abuse

If you’re in an abusive relationship and need to protect your immigration status, here’s what you can do:

• Reach out for help: It’s essential to speak with an immigration attorney who has experience with VAWA cases. They can help guide you through the process and ensure your petition is completed correctly.

• Collect evidence: Start gathering any documentation that can help prove the abuse, such as photographs, medical records, witness statements, or police reports.

• File for VAWA as soon as possible: The sooner you file your VAWA petition, the sooner you can start the process of securing your immigration status independently from your abusive spouse.

Your Rights Matter

It’s important to remember that you have rights. You do not need to stay in an abusive relationship to secure your green card. VAWA provides a pathway for you to maintain your immigration status while protecting your safety.