Battered Spouse Petition - Law Offices of S. Ouya Maina in Berkeley, CA

A Battered Spouse Petition, also known as a VAWA (Violence Against Women Act) self-petition, allows abused spouses of U.S. citizens or lawful permanent residents to apply for a green card without their abuser’s knowledge or cooperation. You may qualify if you were subjected to physical, emotional, or psychological abuse, including threats, control, or financial manipulation. Men, women, and same-sex spouses can apply. The petition is confidential, ensuring the abuser is never notified about your application.

Yes. You do not need to leave your abusive spouse before filing for a VAWA self-petition. Many applicants still live with their abuser when they apply but later leave when they secure legal status. If you are in immediate danger, seek support from a domestic violence shelter or legal aid organization. Your petition remains confidential, and your abuser will not be informed of your filing.

To strengthen your VAWA petition, you should provide evidence such as:

• Police reports or restraining orders, if applicable
• Medical or hospital records documenting injuries
• Therapist or counselor statements about emotional abuse
• Sworn affidavits from friends, family, or religious leaders
• Emails, texts, voicemails, or written threats from your abuser
• Proof of shared residence (lease agreements, bills, or bank statements)

Your attorney will guide you on collecting strong evidence to support your case.

You can still file a VAWA self-petition without police or medical reports. Many abuse victims never report their abuser due to fear or manipulation. In such cases, affidavits from family, friends, neighbors, coworkers, therapists, religious leaders, or support group members can serve as evidence. Your own detailed statement describing the abuse and its impact is also powerful evidence. A skilled attorney can help you craft a compelling petition even without formal reports.

Processing times vary, but a VAWA self-petition typically takes 18 to 24 months for approval. Once approved, you may be eligible for a work permit (EAD) and, later, a green card. If you are in urgent need of protection, an attorney can help explore emergency legal options, such as obtaining a work permit while your petition is pending.

Unfortunately, VAWA protections apply only if your abuser is a U.S. citizen or lawful permanent resident (green card holder). However, you may qualify for other forms of immigration relief, such as a U visa (for crime victims) or asylum (if returning to your home country would put you in danger). A qualified immigration attorney can explore all possible options for your case.

No. Once you file a VAWA self-petition, your abuser loses all control over your immigration process. Unlike a spouse-sponsored green card, which requires their involvement, a VAWA petition is independent and confidential. This ensures that your future in the U.S. is no longer tied to the abuser’s cooperation.

No. If you remarry before your VAWA petition is approved, you automatically lose eligibility. However, once your petition is approved and you receive your green card, you are free to remarry. It’s crucial to wait until the process is completed before entering a new marriage to avoid legal complications.

No. A VAWA petition is handled entirely by U.S. Citizenship and Immigration Services (USCIS), meaning you do not need to go to court. However, if you are in deportation proceedings, your attorney can present your approved VAWA petition as a defense in immigration court, potentially stopping your removal.

Yes. VAWA protects undocumented spouses of abusive U.S. citizens or green card holders. If approved, you may receive work authorization and later apply for a green card. Even if you entered the U.S. without a visa, you may still qualify. Consulting an attorney is essential to ensure you meet all legal requirements.