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How Can Victims of Domestic Violence Use VAWA to Seek Legal Status?

M Mathew Law Firm, PLLC June 9, 2025

If you're living in the Dallas, Texas area and facing abuse from a U.S. citizen or lawful permanent resident spouse or parent, you might feel trapped — but you don't have to stay silent. 

The Violence Against Women Act (VAWA) offers a powerful option for victims of domestic violence to seek legal status independently. This law protects victims without making them rely on their abuser to sponsor them for immigration benefits.

Let’s walk through how VAWA works, who qualifies, what you’ll need to prove your case, and why working with a trusted immigration attorney in Dallas can make a world of difference. As an experienced immigration attorney at M Mathew Law Firm, PLLC, I can provide valuable insight into this subject. Read on to learn more.

What Is VAWA?

VAWA, or the Violence Against Women Act, was originally signed into law in 1994. It provides important protections for survivors of domestic violence, sexual assault, and other forms of abuse. Under VAWA, certain immigrant victims can file a self-petition (Form I-360) to gain lawful status without the cooperation of their abusive family member.

One important note: despite the name, VAWA protections apply to all genders. Men, women, and nonbinary individuals can all qualify for relief under VAWA.

If you live in Dallas or surrounding areas like Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, or Mesquite, working with a skilled immigration attorney can help you move forward confidently and avoid unnecessary setbacks.

Who Qualifies for a VAWA Self-Petition?

You may qualify for VAWA if you're:

  • The spouse of a U.S. citizen or lawful permanent resident (green card holder) who has abused you.

  • The child (unmarried and under 21) of a U.S. citizen or lawful permanent resident who has abused you.

  • The parent of a U.S. citizen who has abused you.

You don’t need your abuser’s permission or knowledge to apply. That’s one of the most empowering parts of the VAWA process.

As an experienced immigration attorney in Dallas, I can help you determine if you meet the criteria and what your next steps should be.

What Do You Need to Prove?

To win a VAWA case, you’ll need to submit strong evidence showing:

  1. Your relationship to the abuser (marriage, parent/child relationship, etc.).

  2. The abuser’s status as a U.S. citizen or lawful permanent resident.

  3. Good moral character — usually proven by a clean criminal record and affidavits.

  4. Proof of abuse — this can include police reports, medical records, photographs, counseling records, and sworn affidavits from yourself and others.

  5. Proof of shared residence with the abuser.

  6. Proof of a bona fide marriage (if you're the spouse), meaning the marriage was entered into for love, not for immigration benefits.

Gathering the right documents and preparing a strong, convincing case is where a skilled immigration attorney truly shines. Someone who knows the system in Dallas, Richardson, Lewisville, Irving, and other local areas can help you avoid missing critical pieces of evidence. Call me at M Mathew Law Firm, PLLC.

What Happens After You File?

Once you file Form I-360, USCIS will review your petition. If they approve it, you could move on to applying for a green card through adjustment of status if you're eligible. If you’re already in removal (deportation) proceedings, an approved VAWA petition can also be used as a defense against removal.

Timing matters too — VAWA petitions can take months to process. Having an immigration attorney who knows how Dallas-area immigration offices and courts handle these cases can help you respond quickly to any requests for additional evidence or interviews.

Common Challenges Victims Face

Even though VAWA offers powerful protection, applying isn’t always easy. Some common challenges include:

  • Lack of documents because the abuser controlled all paperwork.

  • Fear of retaliation or deportation.

  • Emotional trauma making it hard to recount abuse.

  • Financial hardship that makes legal support feel out of reach.

That’s where an empathetic, skilled immigration attorney steps in. An attorney who really listens to your story and helps you build a strong case can lift a massive weight off your shoulders.

Whether you live in bustling Dallas or suburbs like Garland, Mesquite, or Farmers Branch, you shouldn’t have to fight this alone.

Important Research Fact About VAWA and Immigration

According to the U.S. Citizenship and Immigration Services (USCIS) official website, more than 31,000 individuals filed VAWA self-petitions in a recent year. These numbers reflect just how critical these protections are for immigrant victims across the United States.

This shows you're not alone — and it proves how important it is to have reliable help. A trusted immigration attorney can guide you toward the best possible outcome while treating you with respect and compassion.

Why Having an Immigration Attorney Matters

It’s possible to file a VAWA petition on your own, but many people find the process overwhelming. That’s why having an immigration attorney by your side matters so much.

Here’s what a dedicated immigration attorney can do for you:

  • Gather strong evidence to support your claim.

  • Prepare detailed affidavits telling your story the right way.

  • Advocate for you if additional evidence or interviews are needed.

  • Help with work permits while your petition is pending.

  • Fight deportation proceedings if necessary.

  • Explain your options clearly every step of the way.

Working with an immigration attorney in Dallas, Richardson, Lewisville, Irving, or Grand Prairie means you’ll have someone who knows the local immigration courts and processes.

You deserve an advocate who understands both the law and the emotional toll of surviving abuse.

How Long Does the VAWA Process Take?

The timing can vary based on the USCIS caseload and the strength of your petition. On average, VAWA self-petitions take 12 to 24 months to process. After your I-360 petition is approved, it might take additional time to adjust your status and receive your green card.

Having a strong, well-organized initial petition can speed things up — another reason why working with an immigration attorney matters. Someone who knows the immigration systems in Dallas and surrounding areas like Farmers Branch and Garland can help you avoid unnecessary delays. Call me at M Mathew Law Firm, PLLC to get started on the process.

Can You Work While Your VAWA Petition Is Pending?

Yes, in many cases! If you file for adjustment of status along with your VAWA petition, you can apply for a work permit (Employment Authorization Document) while you wait. This is a huge relief for many survivors, helping them rebuild their independence sooner.

What If You Have Criminal Charges or Other Past Problems?

Past issues don't automatically block you from VAWA relief, but they can complicate your case. USCIS will weigh your "good moral character" as part of the application.

Having criminal records, immigration violations, or other concerns requires a careful legal strategy. In these cases, working with an immigration attorney who's both compassionate and aggressive is critical.

Your attorney can explain your situation, submit waivers if needed, and advocate for why you deserve VAWA protection. No matter where you live — Dallas, Richardson, Lewisville, Grand Prairie, or nearby — a trusted immigration attorney can give you your best chance.

You Don’t Have To Face This Alone

Living with abuse is painful enough. You shouldn't have to fight for your future alone, too. If you’re in Dallas, Richardson, Lewisville, Irving, Farmers Branch, Grand Prairie, Garland, or Mesquite and you're a victim of domestic violence, you have options. VAWA was created to protect you, and with the right immigration attorney, you can seek legal status. Choose M Mathew Law Firm, PLLC. I look forward to standing by you.