September 23, 2025

Don’t Have Your Spouse’s Papers? You Might Still Be Eligible for VAWA

petition for amerasian form

If you're experiencing abuse in your marriage but don't have proof that your spouse is a U.S. citizen or green card holder, you may still qualify for VAWA (Violence Against Women Act) protection. USCIS recognizes that abusers often control or withhold documentation as a form of manipulation, and the law provides options for survivors in these situations.

To qualify for VAWA as a spouse, you must show that your abuser is a U.S. citizen or lawful permanent resident (green card holder). While official documentation like a U.S. passport, naturalization certificate, or green card is ideal, it’s not always necessary. USCIS may accept secondary evidence to establish your spouse’s immigration status. This can include copies of old immigration paperwork, marriage-based petition receipts, your spouse’s work authorization showing a status category, letters from employers, school records, or affidavits from individuals who know your spouse’s status.

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In some cases, USCIS can also use its internal systems to verify your spouse’s status if you provide identifying information, such as your spouse’s full name, date of birth, and place of birth. This is why it's important to work with an experienced immigration attorney who can help gather the right evidence and frame your petition effectively, especially if you’re missing traditional documents.

At Agarwal Law Group, we understand how complicated and sensitive these cases can be. We’ve successfully helped clients move forward with VAWA even when they didn’t have clear proof of their spouse’s immigration status. If you're unsure whether you qualify, contact our team at 703-348-1663 to schedule a confidential consultation. We’re here to help you take the next step toward safety and stability.

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