What You Should Know About The Violence Against Women Act (VAWA)

Last updated on April 3, 2026

The Violence Against Women Act was first enacted in 1994 and has offered humanitarian immigration options for women for over 30 years. Both the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) offer programs under the VAWA. It addresses issues like stalking, sexual assault and domestic violence. The goal is to offer protection for victims and remove them from dangerous situations, which is critical for their safety and independence.

Here at ERM Immigration Law, PLLC, our attorneys have more than a decade of experience with VAWA and related issues here in Seattle and throughout Washington state. We are known for offering big-firm results at a small-firm price. We want to keep things affordable for our clients, but we still believe everyone deserves personalized service, high-quality legal assistance and full access to the legal tools that will help in their specific situation.

What Is A Violence Against Women (VAWA) Petition?

One component of the Violence Against Women Act is that battered spouses, children or even parents may be able to seek permanent resident status in the United States – they can get a green card and become a permanent lawful resident. This is true when the person who committed the cruelty or battery was a:

• A U.S. citizen spouse
• A U.S. citizen ex or former spouse
• A son, daughter or parent who is a U.S. citizen
• A spouse, former spouse or parent who is a lawful permanent resident (LPR)

Under VAWA, individuals can self-petition for a green card. A sponsor is not required. This is helpful for those in violent living situations because they do not need to count on the abuser to sponsor them as they adjust their status. They can do it on their own, seeking safety and perhaps using the assistance programs set up by the Violence Against Women Act, via the HHS and the DOJ.

The Violence Against Women Act protects immigrants, too

If you have come to America and now find yourself in a dangerous situation at home, you may be able to divorce or leave your situation while protecting your right to remain in the United States by using the Violence Against Women Act.

The Violence Against Women Act, or VAWA, provides immigrant women and other victims of crimes against losing their right to stay in the United States after they leave dangerous or violent situations. In 2019, it was reported that around 23 million immigrant women and young girls were in the United States. Many deal with domestic violence, exploitation and human trafficking.

Women relying on visas thought their spouses can seek help through VAWA

Noncitizens who are living in America but who have visas through being married to their citizen or lawful permanent resident spouses could be at risk of losing their right to stay if they divorce. However, if domestic violence or other crimes are influencing the victim’s choices, then they may self-petition for support through VAWA.

The VAWA self-petition allows victims of elder abuse, child abuse or domestic violence to self-petition for lawful permanent resident status. They do not need to apply with the support of their spouses using this application.

Victims are also allowed to self-petition through VAWA if they are divorced or decide to divorce within two years of the petition. There must be a link between the divorce and the domestic violence for this to be approved.

VAWA self-petitioners may include:

• Children of abusive lawful permanent residents or citizens of the United States
• Spouses and former spouses of abusive citizens or LPRs
• Noncitizen spouses abused by an LPR or citizen parent
• Noncitizen parents of abused noncitizen children

It’s important to note that the self-petitioner will need to show their relationship with the abuser, be of good moral character and prove that they lived with the abusive party. The marriage must also have been in good faith if the abuser is a step-parent or spouse.

Applying to stay in the United States can be complex, especially when violence is involved. VAWA is just one option you may have to stay.