VAWA Petitions: How Congruence Law, P.C. Helps Survivors of Abuse Secure Immigration Relief Without Relying on Their Abuser

Immigrant survivors of domestic violence often face a heartbreaking dilemma: remain in an abusive relationship to preserve their immigration status, or leave and risk removal. The Violence Against Women Act (VAWA) provides a path forward. Under VAWA’s self-petition provisions, certain spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs) can seek legal status independently—without the knowledge or consent of their abuser. At Congruence Law, P.C., we support survivors in safely and confidentially asserting their rights under this critical humanitarian protection.

VAWA allows eligible individuals to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a self-petitioner, establishing their eligibility for lawful status based on the abuse they suffered from a qualifying U.S. citizen or LPR relative.

You may qualify for a VAWA petition if:

• You are the spouse or former spouse of a U.S. citizen or LPR and experienced battery or extreme cruelty during the marriage;

• You are the child (under 21, unmarried) of a U.S. citizen or LPR who subjected you to abuse;

• You are the parent of a U.S. citizen (aged 21 or older) who abused you;

• You lived with the abuser (not necessarily at the time of filing);

• You are a person of good moral character.

At Congruence Law, P.C., we begin with a trauma-informed intake process, designed to create a safe environment for clients to share their experience. We evaluate eligibility, advise on evidence requirements, and help prepare a detailed and confidential self-petition that includes personal declarations, police or court records (if available), affidavits from friends or professionals, photographs, and other documents to establish the abuse, the qualifying relationship, and residence with the abuser.

We understand that not all survivors have access to police reports or protective orders. VAWA does not require a criminal conviction or arrest. Credible personal testimony, supported by other evidence such as therapy letters, school reports, or witness affidavits, can meet the legal threshold. We help our clients present their cases thoroughly and with sensitivity to cultural and practical realities.

If the VAWA petition is approved, applicants may:

• Apply for work authorization;

• Request deferred action while awaiting further relief;

• Apply for adjustment of status (Form I-485) to obtain a green card if otherwise eligible.

We guide clients through each of these steps and ensure that petitions are kept confidential from the abuser. USCIS handles VAWA filings at a special unit trained to protect survivors’ safety and privacy. The abuser will not be notified, and their participation is not required at any stage of the process.

We also assist with VAWA-related waivers and late filings when abuse or control prevented timely action. For survivors who are already in removal proceedings, we help pursue VAWA cancellation of removal and related defenses.

Common challenges in VAWA cases include gathering sufficient evidence, clarifying timelines of abuse and residence, and responding to requests for evidence (RFEs) or notices of intent to deny. At Congruence Law, we help our clients meet these challenges with compassionate support and careful legal preparation.

For many survivors, a VAWA petition is more than an immigration filing—it’s a step toward freedom, autonomy, and long-term security. At Congruence Law, P.C., we are honored to stand with those who have endured abuse and are now seeking safety and status under the protection of the law.

If you or someone you know may qualify for immigration protection under VAWA, contact us at immigration@congruence.com to schedule a confidential consultation. We are here to help you move forward—safely, lawfully, and with dignity.