Violence Against Women Act (VAWA) – Protection for Domestic Violence Survivors
What is VAWA?
VAWA (Violence Against Women Act) is a special immigration law that helps survivors of domestic violence, even if they don’t have legal status in the United States. Despite the name, VAWA protects all genders – men, women, and children.
Who Can Apply for VAWA?
You may be eligible for VAWA if you are being abused by:
✅ Your U.S. citizen spouse or ex-spouse
✅ Your permanent resident (green card holder) spouse or ex-spouse
✅ Your U.S. citizen parent (if you are unmarried and under 21)
✅ Your permanent resident parent (if you are unmarried and under 21)
Children Can Also Apply If:
- You are under 21 and unmarried
- Your U.S. citizen or permanent resident parent abused you
- Your U.S. citizen or permanent resident step-parent abused you
- Your parent’s abusive spouse also abused you
What Types of Abuse Count?
VAWA covers different types of abuse:
Physical Abuse
- Hitting, slapping, pushing, choking
- Throwing objects at you
- Any unwanted physical contact that hurts you
Sexual Abuse
- Forced sexual contact
- Rape or sexual assault
- Being forced to have sex
Emotional/Psychological Abuse
- Constant threats and intimidation
- Isolation from family and friends
- Controlling your money or documents
- Threats to call immigration authorities
- Extreme jealousy and controlling behavior
Economic Abuse
- Preventing you from working
- Taking your paychecks
- Hiding or destroying important documents
- Controlling all household money
What Are the Benefits of VAWA?
If your VAWA application is approved, you can:
🏠 Stay in the United States legally
🆔 Get work authorization (employment card)
💼 Work legally in the U.S.
🛡️ Apply without your abuser knowing
👨👩👧👦 Include your unmarried children under 21
🌟 Eventually apply for a green card
📋 Access certain public benefits
Important Things to Know
You DON’T Need:
- Your abuser’s permission or signature
- To tell your abuser you’re applying
- To still be married to your abuser
- Legal status in the U.S. when you apply
- A divorce
- A police report (helpful but not required)
VAWA is Confidential
- Immigration officials cannot contact your abuser
- Your abuser will NOT be notified about your application
- The location where you filed will be kept secret
What Evidence Do You Need?
Proof of the Relationship
- Marriage certificate
- Birth certificate (for parent/child cases)
- Photos together
- Joint bank accounts or bills
- Testimony from friends and family
Evidence of Abuse
- Police reports
- Medical records
- Photos of injuries
- Restraining orders or protective orders
- Letters from counselors, doctors, or social workers
- Your own written statement (called an affidavit)
Proof of Good Moral Character
- No serious criminal history
- Evidence you are a good person (community involvement, etc.)
Proof Your Abuser is a U.S. Citizen or Permanent Resident
- Copy of their birth certificate, passport, or naturalization certificate
- Copy of their green card
Important: You don’t need ALL of these documents. Immigration understands that abuse survivors often don’t have access to all records.
Common Myths About VAWA
❌ Myth: “Only women can apply” ✅ Truth: Men and children can also apply
❌ Myth: “You need to be legally married” ✅ Truth: You can apply even if your marriage wasn’t legal
❌ Myth: “You must still be married” ✅ Truth: You can apply within 2 years after divorce
❌ Myth: “You need a police report” ✅ Truth: Police reports help but are not required
❌ Myth: “Your abuser will find out” ✅ Truth: VAWA applications are completely confidential
Steps to Apply for VAWA
Step 1: Gather Your Evidence
Collect any documents that prove your relationship and the abuse.
Step 2: Complete Form I-360
This is the main VAWA application form.
Step 3: Write Your Personal Statement
Tell your story about the abuse in your own words.
Step 4: Submit Your Application
Mail everything to the Vermont Service Center (not your local office).
Step 5: Wait for a Decision
VAWA cases typically take 12-24 months to process.
Step 6: Apply for Work Authorization
You can apply for a work permit at the same time as your VAWA petition.
After VAWA Approval
Once your VAWA petition is approved:
- You can stay in the U.S. legally
- You can work with your employment authorization card
- You can apply for a green card (permanent residence)
- Your children included in the petition get the same benefits
Safety Planning
If You’re Still Living with Your Abuser:
- Keep important documents in a safe place
- Have a safety plan for emergencies
- Know where to go if you need to leave quickly
- Keep emergency phone numbers handy
Houston-Specific Resources:
- Houston Area Women’s Center: 713-528-2121
- AVDA (Asian Family Support Services): 713-981-7645
- Casa de Esperanza: 713-874-0027
- National Domestic Violence Hotline: 1-800-799-7233
Red Flags: When to Seek Help Immediately
🚨 Call 911 if you are in immediate danger
Get legal help right away if:
- You received immigration court papers
- Your abuser threatened to call immigration
- You’ve been arrested
- Your abuser is trying to withdraw a petition they filed for you
How Long Does VAWA Take?
- Initial filing to approval: 12-24 months
- Work permit: 3-5 months after filing
- Green card application: Can file 1 year after VAWA approval
Can Your Abuser Cancel Your VAWA Case?
NO. Once you file VAWA:
- Your abuser cannot stop your case
- Your abuser cannot withdraw your petition
- Your case belongs to YOU, not your abuser
Children and VAWA
Your Children Can Be Included If:
- They are unmarried and under 21
- They are also being abused by your abuser
- You include them in your original petition
Children Can File Their Own VAWA If:
- They are being abused by their U.S. citizen or permanent resident parent
- They are unmarried and under 21
What If You Don’t Qualify for VAWA?
Other options might include:
- U Visa (if you were a victim of certain crimes)
- T Visa (if you were trafficked)
- Asylum (if you fear returning to your home country)
Common VAWA Mistakes to Avoid
- Waiting too long to apply – Apply as soon as possible
- Not including enough evidence – Submit everything you have
- Filing in the wrong place – VAWA goes to Vermont Service Center
- Not applying for work authorization – File Form I-765 at the same time
- Trying to do it alone – Consider getting legal help
Houston VAWA Resources
Legal Help:
- Legal Aid of Northwest Texas: 713-652-0077
- Lone Star Legal Aid: 713-652-0077
- Catholic Charities Immigration Services: 713-526-4611
- YMCA International Services: 713-659-5566
Support Services:
- Houston Area Women’s Center: 713-528-2121
- Harris County Domestic Violence Coordinating Council
- Texas Council on Family Violence
Frequently Asked Questions
Q: How much does VAWA cost? A: There is NO filing fee for VAWA petitions.
Q: Can I work while my VAWA is pending? A: Yes, if you also file for work authorization (Form I-765).
Q: What if I don’t have documents to prove the abuse? A: Your own statement is evidence. A lawyer can help you gather other proof.
Q: Can I travel while my VAWA is pending? A: Generally no, unless you get special permission (advance parole).
Q: What if my abuser finds out about my VAWA case? A: VAWA is confidential, but if your abuser finds out, contact law enforcement and your attorney immediately.
Important Reminders
✅ VAWA is confidential – your abuser won’t be notified
✅ There’s no filing fee for VAWA petitions
✅ You can include your children under 21
✅ You don’t need your abuser’s permission
✅ You can work after approval
✅ Help is available – you don’t have to do this alone
Next Steps
If you think VAWA might help you:
- Contact a domestic violence organization for safety planning
- Speak with an immigration attorney who handles VAWA cases
- Start gathering any evidence you have safely
- Don’t wait – the sooner you apply, the sooner you can get protection
Emergency Contacts
- 911 – Immediate danger
- National Domestic Violence Hotline: 1-800-799-7233
- Houston Area Women’s Center: 713-528-2121
- Immigration Attorney Referral: Contact the Houston Bar Association
Remember: You deserve to live free from abuse. VAWA exists to protect you and give you a path to safety and legal status in the United States. You are not alone, and help is available.
This guide provides general information only. For legal advice about your specific situation, consult with Najla Law Firm.
