Can You Apply for VAWA Without Your Spouse Knowing?
Nov. 7, 2025
For immigrants living in the United States, your immigration status is often closely tied to family relationships. When your marriage involves domestic violence, it can feel nearly impossible to move forward safely while also protecting your immigration options.
In these cases, it's common to wonder whether you can apply for protection under the Violence Against Women Act (VAWA) without your spouse’s knowledge.
The short answer is yes. The VAWA does allow individuals to seek relief confidentially. However, the process requires careful planning, accurate documentation, and an understanding of how the law applies to your circumstances.
At Corbaci Law, P.C., located in Woburn, Massachusetts, we understand the emotional and practical challenges that come with these situations. Serving clients in Boston, Marlborough, and Framingham, we’re committed to providing compassionate assistance. Contact us today to explore your options for seeking protections under the VAWA without your spouse's knowledge.
What Is VAWA Self-Petitioning?
VAWA self-petitioning allows specific individuals to apply for immigration benefits on their own, without needing a spouse or family member to file on their behalf. This provision recognizes that abusive relationships often create barriers to immigration applications.
By filing a VAWA self-petition, eligible applicants can typically apply to adjust their immigration status without alerting the abusive spouse. This independence is a critical lifeline for those who need both safety and stability.
Confidentiality Protections Under VAWA
A major concern for many people is whether their abusive spouse will find out about their VAWA application. Fortunately, the law establishes strict confidentiality measures that prevent U.S. Citizenship and Immigration Services (USCIS) from sharing information about your petition with your abusive spouse. This means that:
The abuser does not have to sign any forms or provide support for the application.
USCIS can’t disclose details of the petition to the spouse.
Any correspondence goes directly to the applicant or their legal representative.
These protections are designed to provide you with the peace of mind that you can pursue immigration relief without putting yourself at greater risk.
Who Qualifies to Apply Under VAWA?
Not everyone in a difficult marriage is automatically eligible. VAWA self-petitions are limited to specific categories of individuals. To qualify, you must typically show that you are:
The spouse or child of a U.S. citizen or lawful permanent resident who has been subjected to domestic violence.
The parent of a U.S. citizen son or daughter who engaged in abusive behavior.
In addition, applicants must show that the marriage was entered into in good faith, meaning it wasn’t solely for immigration purposes. You must also demonstrate that you lived with the abusive relative at some point and that you are a person of good moral character.
Evidence Needed For a VAWA Petition
One of the most challenging aspects of a VAWA petition is gathering documentation. Since USCIS requires proof when reviewing your application, it's essential to provide strong evidence of the abuse and the relationship. Some examples of evidence include:
Police reports or restraining orders
Medical records documenting injuries
Testimony from friends, neighbors, or counselors who witnessed the domestic violence
Proof of marriage and shared life, such as joint bank accounts, leases, or children’s birth certificates
While not every applicant will have access to each type of documentation, a thoughtful presentation of your available evidence can strengthen your case significantly.
How to Protect Your Immigration Status if You Experience Domestic Violence
Domestic violence creates barriers far beyond physical harm. For many immigrants, abuse is tied to fear of deportation or financial control. When someone depends on their spouse for immigration sponsorship, leaving the relationship may seem impossible.
At Corbaci Law, P.C., we understand the challenges that domestic violence can create for individuals seeking lawful status. Fortunately, the VAWA addresses these challenges by providing a pathway to stability. It acknowledges that abuse can be used as a tool of control and offers an independent means to seek lawful status.
By separating immigration options from the abusive spouse, the VAWA allows at-risk immigrants to prioritize their safety without sacrificing their future in the United States.
How Long Does the Process Take?
The timeline for a VAWA petition can vary, often taking many months or even years, depending on the number of active USCIS cases and the details of your case. Therefore, it's important to prepare for a process that could be drawn out and require patience.
During this time, you may also be eligible for certain interim benefits, such as a legal work authorization, once you've taken certain steps. An experienced immigration attorney can help you understand what to expect and explore your options to protect your safety. While waiting can feel difficult, the opportunity to establish security and independence makes the process worthwhile.
Common Concerns When Filing a VAWA Petition
At our firm, we often encounter recurring questions from at-risk immigrants considering a VAWA petition. Some of the most common questions we receive include the following.
Will my spouse be contacted? No. The law protects applicants from exposure.
Do I have to stay in the marriage during the process? No. The application is independent of the abusive spouse’s involvement.
What if I don’t have police reports? While official records are helpful, other forms of evidence can also be used.
Can men apply under VAWA? Yes. VAWA is gender-neutral and applies to all individuals who meet eligibility requirements.
If you have concerns about filing a petition, reach out to a confidential and compassionate attorney who can walk you through your options and what to expect.
How an Attorney Approaches These Cases
At Corbaci Law, P.C., we take a compassionate and client-focused approach. We listen carefully, analyze each situation, and prioritize both your safety and long-term stability. We understand that choosing to move forward with a VAWA petition isn’t an easy step. However, it can be a powerful way to take control of your future and protect yourself from further harm.
Applying for VAWA without your spouse knowing isn’t only possible—it’s a critical protection built into the law. Through confidentiality measures and independent filing, you can pursue immigration relief following domestic violence without putting yourself at additional risk.
Our attorneys are committed to guiding you and your family with compassion and clarity. If you have questions about your situation, we encourage you to reach out to us. Taking this step can be the beginning of a safer and more secure future.
Contact a Knowledgeable Immigration Attorney for Guidance
At Corbaci Law, P.C., we’re committed to supporting domestic violence survivors in Framingham, Boston, Marlborough, and Woburn, Massachusetts, with filing VAWA petitions to protect their immigration status. We strive to provide guidance through every step of the self-petition process, helping you organize your documentation and understand your options.
If you or a loved one is experiencing domestic violence and needs assistance with a VAWA petition, you don’t have to face it alone. Contact us at Corbaci Law, P.C. today to schedule a consultation and take the next step toward securing a safer and more stable future.