Immigration Protections for Victims of Violence: VAWA Self-Petition and U Visa

VAWA self-petition overview

Who qualifies

• Abused spouse of a U.S. citizen or lawful permanent resident — currently or previously married, or subjected to bigamy by a U.S. citizen
• Abused child (unmarried, under 21) of a U.S. citizen or LPR
• Abused parent of a U.S. citizen son or daughter (21 or older)

You do not need to still be married or living with the abuser. Divorce is allowed in some circumstances. The abuse can be physical, sexual, emotional, or economic.

Key features

• Confidentiality. Your abuser is not notified. USCIS has strict confidentiality rules under 8 U.S.C. § 1367.
• No cost. The VAWA self-petition has no filing fee.
• Path to permanent residency. Approved VAWA self-petitioners can apply for a green card.
• Work authorization. Work authorization typically follows petition approval.
• Open to all genders. Despite the name, VAWA self-petition is available regardless of gender.

Evidence

• Proof of relationship (marriage certificate, birth certificate)
• Proof of abuser's status (U.S. citizenship or LPR)
• Proof of residence with abuser at some point
• Evidence of abuse (medical records, police reports, protective orders, counselor/therapist letters, affidavits)
• Proof of good moral character

Police reports are helpful but not required. A detailed declaration from the survivor, supported by counselor letters and corroborating witnesses, can support a petition even without formal reporting.

U visa overview

Who qualifies

Victims of certain qualifying crimes — including domestic violence, sexual assault, human trafficking, felonious assault, stalking, witness tampering, and others — who:

• Have suffered substantial physical or mental abuse
• Have information about the crime
• Are being, have been, or are likely to be helpful to law enforcement
• The crime occurred in the U.S. or violated U.S. law

Law enforcement certification

The U visa application requires a certification (Form I-918 Supplement B) from a certifying agency — usually the police department, prosecutor's office, or court — confirming that the applicant has been helpful. This is often the hardest part of a U visa application. Certifying agencies have no obligation to sign, but many do.

Wait times and cap

There is an annual cap of 10,000 principal U visas. As of 2024, wait times for adjudication exceed 5–10 years. USCIS has created a "bona fide determination" process that can grant work authorization during the wait for eligible petitioners.

Derivative benefits

• Spouse, children (and if applicant is under 21, parents and unmarried siblings under 18)
• Work authorization
• Path to lawful permanent residency after 3 years of continuous U status

T visa overview

The T visa is for survivors of severe human trafficking (sex trafficking or forced labor). Similar structure to U visa — requires cooperation with law enforcement (with some exceptions), provides status and work authorization, path to permanent residency after 3 years.

Confidentiality protections — 8 U.S.C. § 1367

Federal law prohibits USCIS and ICE from using information from the abuser against the applicant in an immigration proceeding. USCIS is generally prohibited from disclosing the existence of VAWA/U/T applications to the abuser or other third parties. These confidentiality rules are central to why survivors can safely apply without fear their abuser will be alerted.

Important cautions

Your abuser will try to manipulate the immigration process

Abusers often use immigration status as a tool of control — threatening to report the survivor, refusing to file papers, withdrawing pending petitions. Applying for VAWA self-petition or U visa gives the survivor an independent path that does not require the abuser's cooperation.

Do not leave the U.S. without advice

Leaving the country can trigger inadmissibility bars that prevent return. If you have an active VAWA or U visa application, consult an immigration attorney before any international travel.

Criminal records

Many survivors of abuse have criminal records resulting from their own abuse (arrests for conflicts with abuser, trafficking-related offenses, crimes committed under coercion). These can complicate immigration applications. An attorney should review records before you apply.

Beware of notarios

"Notarios" and non-attorney consultants have caused serious harm to VAWA and U visa applicants — including failed filings that result in removal. Only attorneys licensed in the U.S. or EOIR-accredited representatives working for recognized nonprofits can give legal advice. The organizations below offer free or low-cost representation and do not make applicants pay large fees.

Where to get qualified, free help

For survivors in Chicago

• National Immigrant Justice Center (NIJC) — extensive VAWA, U visa, and T visa practice. 312-660-1370, immigrantjustice.org
• Apna Ghar — South Asian survivors, multi-lingual immigration legal services. 773-334-4663, apnaghar.org
• Mujeres Latinas en Acción — Latina survivors, bilingual services.
• Life Span Center for Legal Services and Advocacy — domestic violence civil legal services.
• Legal Aid Chicago — Violence Against Women Project — 312-341-1070
• Chicago Alliance Against Sexual Exploitation (CAASE) — trafficking and sexual assault survivors.

Statewide and crisis

• Illinois Coalition Against Domestic Violence — 217-789-2830, ilcadv.org
• National Domestic Violence Hotline — 1-800-799-7233 (24/7, confidential)
• RAINN (Sexual Assault) — 1-800-656-4673
• National Human Trafficking Hotline — 1-888-373-7888