The Violence Against Women Act: Who It Protects and How It Works

Domestic violence in relationships involving immigrants often manifests differently than in situations where immigration status is not a defining factor. Beyond physical harm, abuse may take the form of psychological pressure, isolation, financial dependence, or threats related to deportation, withdrawal of immigration sponsorship, or loss of lawful status.

The Violence Against Women Act (VAWA) was enacted specifically to address this intersection of abuse and immigration vulnerability. It allows certain survivors of abuse by U.S. citizens or lawful permanent residents to seek immigration protection independently - without the involvement or consent of the abuser.

At the same time, many individuals who technically qualify for VAWA relief do not initially recognize themselves as eligible. This is often due to narrow assumptions about what legally constitutes abuse, fear of retaliation, or the absence of formal documentation. As a result, survivors may remain in unsafe relationships longer than necessary or avoid seeking legal advice altogether.

From a legal perspective, VAWA cases require particularly careful analysis. They depend not only on statutory eligibility, but also on nuanced assessments of evidence, credibility, and the broader context of the relationship.

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We decided to explore these issues with Viktoria Bloomberg, Ph.D., Esq., an immigration attorney and the founder of Bloomrich Law Firm, P.C., and to address the most important legal and practical questions related to the VAWA self-petition process.

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Soul and Law: Viktoria, thank you for taking the time to speak with us. The law is called the Violence Against Women Act, which often leads people to believe that it applies only to women. As we begin, could you clarify who is actually eligible to file a VAWA self-petition and who this law is designed to protect?

Viktoria Bloomberg: This is the most common misconception. Despite its name, the law is gender-neutral. The right to file a self-petition is available to both women and men who are married to U.S. citizens (USC) or lawful permanent residents (LPR). Protection also extends to children under 21 who have been abused by their USC or LPR parents, as well as parents of adult U.S. citizens who are subjected to abuse by their children. It is vital to understand that the law protects human dignity and the right to safety, rather than a specific gender.

Soul and Law: When we talk about eligibility, VAWA refers specifically to abuse by a U.S. citizen or lawful permanent resident. From a legal standpoint, who is considered the abusive party under VAWA, and what types of relationships fall within the scope of this protection?

Viktoria Bloomberg: From a legal standpoint, the abuser must be a spouse, parent, or child who holds the status of a U.S. citizen (USC) or a lawful permanent resident (LPR). The scope of protection covers legal marriages (including those terminated within the last two years if the abuse was the cause of the divorce), parent-child relationships (including certain cases involving stepchildren and stepparents), as well as relationships between adult U.S. citizen children and their parents.

Soul and Law: Many people assume that abuse must be physical in order to qualify under VAWA. How does immigration law define abuse in this context, and what forms of abusive behavior are most often overlooked by potential applicants?

Viktoria Bloomberg: Immigration law uses the term "extreme cruelty", which is much broader than just physical injuries. The most frequently overlooked forms are psychological pressure, immigration-based blackmail, and economic abuse. For example, when a spouse threatens deportation, takes away documents, or forbids contact with loved ones. Economic abuse— such as total control over finances or a prohibition on working — as well as isolation and the constant degradation of dignity, are fully valid grounds for a case. Victims often endure these situations, believing that if they are not being hit, they are not eligible for protection, but that is a dangerous mistake.

Victims often endure these situations, believing that if they are not being hit, they are not eligible for protection, but that is a dangerous mistake.

Soul and Law: One of the core requirements in VAWA cases is establishing that the qualifying relationship was entered into in good faith. How does USCIS evaluate good-faith marriage or relationship in VAWA petitions, particularly when the relationship has already ended?

Viktoria Bloomberg: "Good faith" means that at the time of the marriage, you had the genuine intention of building a life together as a family, rather than simply seeking an immigration benefit. USCIS understands that in an abusive environment, a victim may not have access to joint bank accounts or formal contracts. We place our emphasis on 'inception of the relationship' evidence: joint photographs, correspondence, witness testimony from friends who knew you as a couple, and proof of shared future plans. The fact that the relationship has ended — even if there has been a divorce — does not invalidate its original sincerity.

Soul and Law: Once a person determines that they may qualify under VAWA, what is the legally correct starting point for preparing and filing a self-petition?

Viktoria Bloomberg: The legally correct starting point is a consultation with an immigration attorney to assess all risks and ensure data security. The first practical step is gathering foundational evidence: proof of the abuser's status (citizenship or green card) and documents establishing the marriage or family relationship. If you do not have the original documents, an attorney can help request them through government systems in a way that remains unknown to the abuser. It is also vital to establish a "safe address" for correspondence with the immigration service to ensure that no notifications fall into the hands of the perpetrator.

Soul and Law: For individuals who are still in an abusive or controlling relationship, what legal considerations should they keep in mind when exploring a VAWA case? Are there steps that can be taken without alerting the abusive party or increasing risk?

Viktoria Bloomberg: This is the most sensitive issue. The VAWA law provides for the strictest confidentiality. According to Section 8 of the U.S. Code (8 U.S.C. § 1367), officers are prohibited from disclosing information about a case to the abuser under threat of fines and dismissal. What can be done discreetly: gather copies of documents, prepare a personal statement, and obtain a psychological evaluation. All these actions are fully protected by law. An applicant may continue to live with their spouse during the process if it is unsafe to leave now — the law does not prohibit this, although the client's safety must always come first.

Soul and Law: Does filing a VAWA self-petition place the applicant at risk of deportation or trigger contact with the abusive spouse or family member? How does VAWA protect applicants from immigration-related retaliation?

Viktoria Bloomberg: Filing for VAWA is not a risk; it is a shield. First, the immigration service (USCIS) is legally prohibited from contacting the abuser. Second, even if a person is in the country without legal status, filing a petition may grant them temporary protection from deportation (Deferred Action). The law blocks an abuser's attempts to use the immigration system as a tool for revenge: any reports or "tips" from the abuser after a VAWA case has been filed are viewed with extreme skepticism by officers and, as a rule, cannot serve as a basis for the arrest or deportation of the victim.

Soul and Law: Turning to evidence, what standard of proof does USCIS apply when adjudicating VAWA self-petitions, and how does that standard differ from other immigration filings?

Viktoria Bloomberg: VAWA cases operate under a unique and more flexible standard known as "Any Credible Evidence." In standard immigration cases, strictly defined documents (certificates, official records) are often required. However, Congress recognized that abusers often control, hide, or destroy the victim's documents. Therefore, the law allows officers to consider any evidence they find trustworthy: correspondence, surveillance footage, witness testimonies, and more.

Soul and Law: What categories of evidence are most commonly used to establish abuse and a qualifying relationship in VAWA cases?

Viktoria Bloomberg: We divide the evidence into three key categories. The first is proof of the abuser's status and the relationship (marriage certificates, birth certificates, joint accounts). The second is evidence of shared residence (lease agreements, joint mail, letters from neighbors). The third and most critical is evidence of "extreme cruelty." This includes the victim’s personal statement, printouts of threatening messages, photographs, recordings of conversations, medical records, and, of course, evaluations from psychological experts.

Soul and Law: How are VAWA cases evaluated when there are no police reports, court records, or medical documentation? In those situations, what types of evidence tend to carry the greatest weight, and how are third-party affidavits assessed?

Viktoria Bloomberg: The absence of police reports is not an obstacle. A vast number of victims of psychological or economic abuse never call 911. In such cases, the "gold standard" of evidence becomes the applicant’s detailed personal statement and third-party affidavits (from friends, colleagues, clergy, or shelter staff). Furthermore, a report from a licensed psychologist who can confirm symptoms of PTSD or depression typical of domestic violence victims carries critical weight.

Soul and Law: Is there a deadline for filing a VAWA self-petition after leaving an abusive relationship or following a divorce?

Viktoria Bloomberg: Yes, and this is very important to remember. If the marriage was officially terminated, you have exactly two years from the date of the divorce to file the I-360 petition. In this case, it is essential to prove that it was the domestic violence or extreme cruelty that led to the breakdown of the marriage. If you have separated but remain formally married, there are no time limits for filing, but we always recommend not delaying the process while evidence and witness testimonies are still fresh.

Soul and Law: Can a VAWA self-petitioner apply for employment authorization, and at what stage of the process is this typically available?

Viktoria Bloomberg: Yes, obtaining an Employment Authorization Document (EAD) is one of the most important stages. If you file a VAWA petition concurrently with a Green Card application (Concurrent Filing), you can request work authorization immediately. In this case, the document may arrive within six weeks to a year.

‍Soul and Law: What does the VAWA adjudication process generally look like in practice - in terms of processing times, stages of review, and common procedural delays?

Viktoria Bloomberg: The process is lengthy and requires patience. Currently, the average processing time for the I-360 petition alone ranges from 30 to 40 months. The main stages are:

1. Filing & Receipt (2 – 4 weeks): Receiving the notice that the case has been accepted.
2. Biometrics (1 – 2 months): Fingerprinting appointment.
3. Prima Facie Determination (4 – 6 months): A preliminary decision stating that the case appears legally sufficient.
4. Adjudication (2.5 – 3.5 years): A detailed review and final decision.

Delays are most often caused by the massive volume of applications at the specialized HART Service Center and potential Requests for Evidence (RFE).

Soul and Law: In a recent public alert, USCIS stated that filings of VAWA self-petitions increased by approximately 360% between FY2020 and FY2024, including a 259% increase in male self-petitioners and a 2,239% increase in parent-based petitions, trends the agency described as “alarming and unprecedented.” USCIS also announced updated guidance emphasizing program integrity and fraud prevention. From your professional perspective, how have these developments affected - or how do you expect them to affect — the adjudication of VAWA cases, particularly with respect to processing times, RFEs, and case preparation?

Viktoria Bloomberg:  This has undoubtedly pushed USCIS into a mode of "maximum vigilance." The updated Policy Manual, which took effect in late 2025, makes one thing clear: the era of "simple" or superficially prepared cases is over.

While the "any credible evidence" standard formally remains in place, officers are now granted broader discretion in evaluating the weight of that evidence. My core message, however, remains the same: for honest applicants who have truly suffered from abuse, the path is always open. The law is still on your side. It’s just that now, preparing a petition requires more than just a "story" — it demands a deep legal strategy and an impeccable evidentiary base. A high-quality case is the best way to avoid delays and additional requests for evidence (RFEs) from the agency.

Soul and Law: Once a VAWA self-petition is approved, what are the next legal steps toward permanent residence? Can a VAWA self-petitioner apply for a green card independently of the abuser, and where do applicants most often encounter complications at that stage?

Viktoria Bloomberg: The approval of the I-360 is a victory that grants you 'Special Immigrant' status and the right to apply for a Green Card (I-485) completely independently of the abuser. You no longer need their financial sponsorship (Affidavit of Support) or their presence at the interview. Complications at this stage may arise if the applicant has a criminal record or immigration violations from the past that are unrelated to the abuse.

Soul and Law: What would you recommend to someone who recognizes themselves in these situations?

Viktoria Bloomberg: The most important thing is not to let fear paralyze you. Your immigration status should not be a chain that keeps you in danger. My advice is this: gather all the documents you can safely access and reach out to an attorney for a confidential consultation. You must know your rights. There is a way out, and the law is on your side to ensure your safety and a stable future in America.

*Every VAWA case is unique and depends on specific facts and evidence. If you believe that the issues discussed in this interview may apply to your situation and you are seeking individualized legal guidance, you may contact Viktoria Bloomberg and the Bloomrich Law Firm, P.C. to request a confidential consultation at www.bloomrich.com or by emailing info@bloomrich.com.

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