Yes, you can still qualify for VAWA even if you no longer live with your spouse. U.S. immigration law does not require that you live with the abuser at the time you file. What matters is that you had a qualifying relationship, as the spouse or former spouse of a U.S. citizen or lawful permanent resident, and that you experienced battery or extreme cruelty during that relationship. You must also meet other VAWA requirements, such as showing you entered the marriage in good faith and you shared a residence with your abusive spouse at some point before the filing of the application.

If your marriage has ended, you may still be eligible, but there are specific rules. USCIS allows self-petitions from individuals who are separated or divorced, as long as the abuse occurred during the marriage. If you are divorced, you must generally file your VAWA petition within two years of the divorce, and you must show that the abuse was related to the end of the marriage. There are limited exceptions if your spouse lost status, passed away, or committed bigamy.

You’ll need to provide evidence that your marriage was genuine and that you suffered abuse.
For our clients, our firm assists in conducting an intake and preparing a detailed affidavit regarding the relationship, shared residence, and abuse.  Even if you moved out years ago, you can still submit credible evidence for a successful VAWA self-petition.

If you think you might qualify, it’s best to speak with an immigration attorney experienced in VAWA cases. An attorney can review your situation, confirm your eligibility, and help you prepare a strong application.  Call us at 703-348-1663 to schedule a confidential case evaluation and learn more about your options under VAWA.

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