Many individuals considering a VAWA (Violence Against Women Act) self-petition worry that filing could affect their spouse’s immigration status. A VAWA self-petition allows victims of abuse  including spouses, children, and parents of U.S. citizens or lawful permanent residents  to seek legal immigration status independently. Filing a VAWA petition generally does not affect your spouse’s immigration status. USCIS does not automatically revoke or change a spouse’s permanent residence or citizenship simply because a VAWA petition is filed. The spouse will remain eligible to maintain or renew their status as long as they meet the usual requirements.

VAWA petitions are confidential. USCIS protects information in the application to prevent retaliation or interference from the abusive spouse. Filing your petition does not serve as a basis for removing or revoking your spouse’s immigration status. Any change to the spouse’s status would only occur under separate circumstances, such as fraud, criminal convictions, or other grounds unrelated to the VAWA filing.

It is important to note that if you remarry before your VAWA petition is approved, your petition may be denied because the petition must be based on the original abusive relationship. Once USCIS approves the self-petition, you may remarry without affecting the approved petition although we recommend waiting until the approval of the green card before remarrying. 

While your VAWA petition does not change your spouse’s status, it creates an independent pathway for you to apply for lawful permanent residency, work authorization, and other immigration benefits. This process allows you to move forward safely, even if your spouse is not involved in your application.

If you have questions about your situation or need guidance on filing a VAWA self-petition, contact Agarwal Law Group at 703-348-1663. Our experienced immigration attorneys can help you understand your options and guide you through the process.

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