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VAWA self-petition — am I eligible?

CAanon_vawa1 month ago

My spouse is a USC. He's abusive. He says he can have me deported if I leave. Can I petition without him?

2 replies

✓ Verified answer from a licensed attorney — shown first

Linh Nguyen avatarLinh NguyenVerified Attorney1 month ago

He's wrong, and you have a path. VAWA self-petitioning lets the spouse, child, or parent of an abusive USC or LPR file an I-360 WITHOUT the abuser's knowledge or participation. The evidence is your sworn declaration + corroborating evidence (police reports, medical records, photos, witness declarations, restraining orders if any — but you don't need to have ever called the police). Once the I-360 is approved you have a path to a green card without his involvement. The application is confidential — USCIS will not notify him, will not put your address in any document he can access. Most major cities have free or low-cost VAWA-specific legal-aid programs. CHIRLA, ASISTA, and Tahirih are the national leaders here. Tôi nói tiếng Việt và español si necesitas hablar otro idioma.

Grace Mensah avatarGrace MensahVerified Attorney1 month ago

From the family-law side — you can also pursue a CA DVRO at the same time as the VAWA petition. The two cases reinforce each other. A DV-finding order is helpful (though not required) evidence in a VAWA self-petition. Many DV legal-aid clinics file both for the same client.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.