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Understanding the Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) is a federal law that was passed in 1994 to offer protection to women who were victims of abuse. Specific provisions under VAWA allow foreign-born individuals married to U.S. citizens to self-petition for immigrant status if their spouse harmed them. The law allows for both men and women who were subject to offenses such as battery, forced detention, sexual abuse, threats, or assault to apply for a green card without requiring sponsorship or consent from their abuser or leaving the U.S. In some situations, children or parents of U.S. citizens are protected under this law.

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Eligibility Requirements for VAWA Self-Petitioning

To be able to self-petition for immigrant status, you must prove:


  • You were the victim of battery or extreme cruelty
  • You are/were married to or are the parent or child of the abuser
  • The abuser is a citizen or lawful permanent resident of the U.S.
  • Your marriage was genuine
  • You have good moral character


To apply, you must file Form I-485, Application to Register Permanent Resident or Adjust Status. You must also have an approved Form I-360 to qualify for immigrant status. When submitting the forms, you must attach documentation to support your claims, which can include medical records and your marriage certificate.

Our Jacksonville VAWA attorney will help you understand the laws and requirements regarding this process to ensure you successfully petition for a change of status.

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How Our Jacksonville VAWA Lawyer Can Assist You

Here’s how we can assist:

  • Confidential Consultation: Our first priority is to ensure your safety and confidentiality. During your initial consultation, we will carefully attend to your story and assess your situation to determine your eligibility for VAWA. This private meeting allows us to gather the necessary information while respecting your privacy and emotional needs.
  • Evidence Collection: To successfully self-petition under VAWA, it is crucial to provide evidence of the abuse, as well as proof of your relationship to the abuser and your good moral character. We will work closely with you to organize and collect the required documentation, which may include police reports, medical records, affidavits from witnesses, and other relevant evidence.
  • Filing the Self-Petition: The next step involves preparing and filing the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with keeping documents. We will meticulously prepare your application, ensuring all forms are accurately completed and submitted on time. We will also communicate with U.S. Citizenship and Immigration Services (USCIS) on your behalf, addressing any requests for additional information or concerns that may arise during the process.
  • Adjustment of Status: Once your VAWA petition is approved, you may be eligible to apply for adjustment of status to become a lawful permanent resident (green card holder). We will guide you through this process, helping you complete the necessary forms, prepare for interviews, and respond to any further requests from USCIS.


Areas of practice

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VISAS

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LEGAL PERMANENT RESIDENCE/GREEN CARD

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NONIMMIGRANT VISAS

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FAMILY BASED IMMIGRATION

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VAWA in Jacksonville, FL