VAWA Petitions & Protection for Battered Immigrants
At FN Immigration, we are deeply committed to protecting the rights of immigrant survivors of abuse. The Violence Against Women Act (VAWA) allows certain battered non-citizens—including spouses, children, and parents of U.S. citizens or lawful permanent residents—to apply for legal status without the abuser’s knowledge. This provides a critical lifeline for those seeking safety and independence.
Through Form I-360, eligible survivors can self-petition for lawful status. Upon approval, they may receive deferred action, work authorization, and, if eligible, adjust to permanent residency. Derivative benefits may also extend to certain children and parents.
Practice since 2008
VAWA Eligibility Requirements
To qualify for a VAWA self-petition, applicants must prove:
A qualifying relationship to a U.S. citizen or lawful permanent resident who committed abuse.
That they experienced physical battery or “extreme cruelty” (including emotional, verbal, sexual, or economic abuse).
That the abuse occurred in the U.S., and the petitioner resided with the abuser.
Good moral character and that the marriage (for spouses) was entered into in good faith.
Police reports are not required; we understand that many survivors are afraid to report abuse. Our office works sensitively with clients to help document abuse through alternative, credible means.
Path to Permanent Residency
Once the VAWA petition is approved, the path to a green card depends on your relationship to the abuser. Immediate relatives of U.S. citizens may apply for adjustment of status right away, while others may need to wait for a visa to become available. Applicants must also complete a background check and medical exam. If there are past criminal or immigration violations, waivers may be available—and we will evaluate your case to explore every possible path to relief.
We also help with VAWA Cancellation of Removal for those in deportation proceedings.
I-751 Waiver Petitions for Conditional Residents
If you were granted conditional residency through marriage and that marriage became abusive or ended before the conditions were removed, you may qualify for an I-751 waiver. This allows you to apply independently for permanent residency without the cooperation of your abusive spouse.
Eligibility for the I-751 waiver includes:
Entering the marriage in good faith.
Evidence of battery or extreme cruelty during the marriage.
Divorce or extreme hardship if removed from the U.S.
We will help gather the necessary evidence and file your petition to protect your status and safety.
Compassionate Legal Support You Can Trust
If you or a loved one needs help under VAWA or through an I-751 waiver, contact FN Immigration in Oakland today. You don’t have to face this alone—we are here to fight for your safety, dignity, and future.
FN Immigration protects your rights and secures your future with expert legal guidance and compassionate advocacy.
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Contact info
florence@fnimmigration.com
+1 510-910-1913
333 Hegenberger Rd, Ste 333,
Oakland, CA 94621