VAWA for Parents Facts

VAWA may be an option for you if you have a U.S. citizen son or daughter over 21 years old.
USCIS understands that an immigrant parents can be in a vulnerable position when dealing with a toxic or abusive adult U.S. citizen child who could use the immigration process to further that abuse. For example, a U.S. citizen child could threaten to not file or withdraw an immigration petition to force their immigrant parent to comply with whatever they demand.
The VAWA program creates a way for parents to get work permits and green cards on their own without their child’s help.

Eligibility Checklist

You are the parent of a U.S. citizen son or daughter who is at least 21 years old.
Must have experienced a form of battery or extreme cruelty by the U.S. citizen or Lawful Permanent Resident son or daughter. Abuse can be physical, financial, psychological, sexual and verbal.
You must have experienced serious problems with your adult child. USCIS defines these problems as experiencing battery or extreme cruelty at the hands of your son or daughter. You could be eligible if your child has taken advantage of you, threatened you, pushed/hit/scratched/slapped you, or made you do things that you did not feel comfortable doing. Extreme cruelty could take the form of emotional, verbal, psychological, and financial abuse or using your immigration status to control, coerce or intimidate you.
You are living with or have lived with your U.S. citizen child.
You are a person of good moral character.

Frequently Asked Questions on VAWA for Parents.

What evidence do I need to prove that I am eligible for VAWA?

We’ll share with you a list of documents we can use to help win your VAWA case. The most important piece of evidence in your case will be your declaration or affidavit. The VAWA experts on our team will interview you in detail to draft a thorough and compelling declaration for your case.

Can I apply for VAWA even if I entered illegally without a visa?

Yes, you can apply for a work permit and sometimes even a green card even if you entered “without inspection” by crossing the border without a visa.

Can I apply for VAWA if my child has passed away?

Yes, you can file a VAWA petition up to two years after the date of death.

Will my child find out that I’ve filed a VAWA petition?

No, your petition will be kept confidential by our office and by USCIS. In fact, the VAWA Unit within USCIS is held to a high standard to keep VAWA petitions confidential in order to protect VAWA applicants.