VAWA Petitions For Undocumented Immigrants In Houston

The Violence Against Women Act (VAWA) offers a way for immigrants in abusive relationships to apply for a green card without their abuser’s knowledge or consent. Spouses, children, and parents of U.S. citizens or permanent residents may qualify. The process includes filing Form I-360 with supporting evidence and, in many cases, applying for a work permit and green card. Physical violence is not required; emotional, verbal, and financial abuse also count, and you don’t need a police report to prove them. VAWA gives power back to survivors, and it’s available to people of any gender.

If someone is hurting you and threatening your immigration status, you are not alone. You may qualify to apply for legal status confidentially, without your abuser’s help or knowledge. Get legal support from a VAWA immigration lawyer to help you succeed in your journey.

The Violence Against Women Act (VAWA) makes it possible for you to get a green card and live with dignity and security. It’s a lifeline for immigrants in abusive relationships who feel trapped by fear of deportation or separation from their children.

Can an undocumented immigrant qualify for VAWA?

The short answer is yes. You do not need lawful status to file a VAWA petition. Many survivors who qualify entered the U.S. without a visa or overstayed one long ago. VAWA was written with these realities in mind.

Entry without inspection does not disqualify you

If you crossed the border without permission, you can still submit Form I-360 as a self-petitioner. USCIS does not require proof of legal entry to approve a VAWA petition.

However, if you plan to apply for a green card through adjustment of status, entry without inspection may limit your options. Some applicants in this situation may need to pursue consular processing or seek a waiver.

Overstayed visa? You’re still eligible

Maybe you arrived with a visitor or student visa years ago and stayed longer than allowed. That doesn’t prevent you from filing under VAWA. In fact, VAWA self-petitioners can often adjust status despite an overstay, depending on the facts of the case.

Immigrants without status are among the most vulnerable to abuse. VAWA exists to help you break that cycle. You do not have to wait for status to begin protecting yourself; you can start now.

What relationships are covered under VAWA?

VAWA was written to protect people who are being abused by someone close to them. That includes spouses, parents, and children. To qualify, you must show that you have a qualifying relationship with the abuser and that you’ve suffered battery or extreme cruelty.

Spouses of U.S. citizens or permanent residents

You may qualify if you’re currently married, separated, or divorced, so long as the divorce happened within the last two years and the abuse took place during the marriage.

You must show the marriage was real, not just for immigration purposes. If your spouse never filed a petition for you or used it as a form of control, you can file on your own under VAWA.

Parents of abusive U.S. citizen children

Many people don’t realize that VAWA also protects parents. If your adult son or daughter (age 21 or older) has abused you physically, emotionally, or financially, you may qualify to apply.

You’ll need to show that you lived with them and experienced mistreatment. Immigration status at the time of abuse doesn’t disqualify you.

Children of abusive parents

Children under 21 who have not married may file a VAWA self-petition if a U.S. citizen or permanent resident parent abused them. The abuse can be physical, verbal, or emotional.

Children don’t need to live with the abusive parent at the time they apply, but they must have lived with them in the past. While you don’t need to report the abuse to the police, you will need to show that the abuse happened through credible, detailed evidence.

If someone you love is using your immigration status to control or harm you, VAWA may offer a way out. You don’t have to wait for police reports or permission to take action.

How does the VAWA petition process work?

Applying for VAWA is a private process. Your abuser will not be notified. You’ll work directly with U.S. Citizenship and Immigration Services (USCIS), and everything is handled through mailed forms, not interviews or courtrooms.

1. Prepare your evidence

Start by collecting anything that helps show the abuse happened and that your relationship was real. This can include texts, letters, photos, declarations from friends, or medical records. You’ll also need to show that you lived with the abuser and have good moral character.

2. File Form I-360 with USCIS

Form I-360 is the self-petition. It asks for basic information about you, your relationship to the abuser, and the abuse you experienced. You do not need a lawyer to file it, but careful documentation helps.

3. Receive prima facie determination (optional stage)

If your initial evidence looks solid, USCIS may issue a prima facie determination. It’s not an approval, but it can make you eligible for certain public benefits while your case is pending.

4. USCIS reviews your case

USCIS may request more information through a Request for Evidence (RFE). If that happens, respond carefully and completely. Most cases are decided based on paperwork, and interviews are rare.

5. Approval of your I-360 petition

If your petition is approved, you can move forward with applying for a green card if eligible. If not, you may still receive protection from deportation or deferred action.

6. Apply for a work permit or green card

Depending on your situation, you may be eligible to file Form I-485 to adjust status and obtain a green card. You can also file Form I-765 for work authorization while your case is pending.

VAWA isn’t fast, but it creates a safer path forward. Many immigrants begin this process while living in the U.S. without status.

What kind of abuse qualifies for a VAWA case?

Many people think they must show bruises or police reports to file a VAWA case. That’s not true. Abuse takes many forms, and emotional, verbal, and financial control are fully recognized under the law.

VAWA uses the standard of “battery or extreme cruelty.” Abuse does not need to be reported to police or involve an arrest. What matters is how the behavior affected your safety, freedom, and dignity.

You can explain what happened in your own words through a personal declaration. Letters from friends, religious leaders, counselors, or teachers can also help.

What matters is not whether you were physically attacked, but whether fear, control, or harm defined the relationship. VAWA recognizes hidden abuse and offers protection.