I have been abused by a U.S. Citizen or Green Card holder – what can I do?
Alexandra Fuxa Ramirez • December 8, 2022
The Violence Against Women Act (VAWA)
protects immigrants who have been abused by their U.S. citizen or lawful permanent resident (AKA Green Card holder) relative. VAWA allows you to independently petition for yourself without your abuser’s knowledge, consent, or participation in the process. This allows survivors to seek both safety and independence from their abusers.
- Who is eligible to file for VAWA?
There are several people who qualify for a VAWA Self-Petition:
- The spouse of an abusive U.S. citizen or green card holder. You can also file as an abused spouse if your child has been abused by your U.S. citizen or green card holder spouse.
- The parent of an abusive U.S. Citizen
- The child (AKA someone under 21 and unmarried) of an abusive U.S. citizen or green card holder.
- Will my abuser know I am applying for VAWA?
NO – you abuser does not need to know you are applying for VAWA. He or she will not need to sign anything and will not be notified of your petition being filed.
- Can I include anyone else in my petition?
It depends. If you are applying as an abused spouse or child of a U.S. citizen or green card holder, you may include your children in your petition. However, your children must be under the age of 21 and unmarried to be included in your VAWA petition. If you are applying as a parent abused by their U.S. citizen son or daughter, you may NOT include any derivatives in your petition.
- Will I be eligible for public benefits with VAWA?
Once you receive your prima facie determination for your VAWA Self-Petition, you may qualify for certain public benefits. In the state of California, VAWA Self-Petitioners may qualify for full-scope MediCal, Cash Assistance (CalWORKs, GR, CAPI), State Food Assistance Program (CalFresh), and Federal Financial Aid.
- Can I work with VAWA?
Yes – an approved VAWA petition will get you a work authorization. If you included any derivatives in your application, they will also be eligible for a work permit once the petition is approved.
- Does having an approved VAWA mean I can apply for a Green Card?
You may also qualify for a green card once your VAWA petition is approved – it depends on whether there is a visa immediately available for you and/or your derivatives. In some cases, you might be able to apply for your VAWA petition and green card petition at the same time. Nonetheless, it is best to speak with an experienced immigration attorney before applying for it.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Receiving a two-year green card through marriage is an important step, but it leaves another process ahead: removing the conditions on permanent residence. For couples preparing a joint Form I-751 petition, understanding the filing window and organizing evidence early can make the preparation more manageable. The starting point is your own record. Locate the green card, the notice granting residence, and copies of the earlier immigration filing. Check the date conditional residence began and the card’s expiration date. Do not calculate the next deadline solely from your wedding anniversary or the date an attorney first submitted your case. Understand the joint filing window Under 8 CFR 216.4 , a joint I-751 petition generally must be filed during the 90-day period immediately before the second anniversary of obtaining conditional permanent residence. This is a window before that anniversary, not an additional 90 days after the card expires. Preparing early and filing early are different things. You can begin gathering records well before the window opens, while coordinating the correct submission date with your attorney. A joint petition also requires the appropriate signatures, fee, and supporting documentation. Confirm the current form instructions, accepted filing method, and applicable fee when the case is ready to submit. Build a record of the marriage over time The regulation identifies several types of evidence that may help show the marriage was not entered into to evade immigration law: jointly owned property, a lease for a shared home, combined financial resources, children’s birth certificates, and statements from people with personal knowledge of the relationship. These examples do not mean every couple must have a mortgage, joint accounts, or children. The evidence should accurately reflect your circumstances. A clear explanation of how you manage your household can be more useful than forcing your relationship into a checklist that does not fit. As a practical preparation step, organize records by date and type. Review whether they help explain the course of the marriage, rather than collecting only documents created shortly before filing. Flag separate addresses, name changes, or gaps in the records for your attorney. Never alter a document to make the history appear simpler. Tell your attorney if circumstances change This article addresses joint filing. Divorce, the death of a spouse, abuse, or other significant changes may require a different filing basis or an individualized assessment. Separate waiver provisions exist, with their own requirements. A spouse’s unwillingness to sign does not, by itself, establish eligibility for every waiver. Do not assume that the joint 90-day window answers every question about a non-joint case. If the relationship changes while preparing the petition or while it is pending, inform counsel promptly. You should not need to invent a continuing relationship to seek advice about the options that may actually apply. Keep tracking the case after submission The regulation provides that conditional resident status is automatically extended, when necessary, upon receipt of a properly filed I-751 until adjudication. Proof of that status is a separate practical matter: keep the receipt notice and have counsel review its wording before relying on it for travel or employment documentation. This article does not promise a particular receipt-extension period or processing time. A missed deadline calls for prompt legal attention. The regulation allows some late joint filings where USCIS accepts a written showing of good cause, but acceptance is not automatic. Do not assume a late petition cures the problem without further review. Santos Lloyd Law Firm, P.C. can help you assess the filing window, organize relevant evidence, and identify changes that may affect your I-751 strategy. Contact the firm early enough to review the facts before the deadline approaches.

October begins a new federal fiscal year, but that does not mean every green card applicant moves to the front of the line. The Department of State’s October 2026 Visa Bulletin sets out the visa availability that applicants in family-sponsored and employment-based preference categories need to review this month.

Santos Lloyd Law Firm takes great pride in announcing that Partner Flavia Santos Lloyd has been invited to join the Fellows of the American Bar Foundation. As a highly selective global network, the organization recognizes legal professionals across both the public and private sectors who embody the absolute highest standards of the practice. Admission to this distinguished group highlights Flavia’s outstanding legal career, professional integrity, and deep impact on the legal community. Our team celebrates Flavia on this well-deserved recognition!

