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Do you have to stay in a toxic relationship with an American spouse just to protect your Green Card?

Have you heard of this? Read about it? Not quite sure what VAWA is? (Green Card based on abuse)

The answer is: Absolutely not!

If you find yourself in a relationship where your American spouse is abusive – and perhaps even taking advantage of the fact that without them you have no legal status in the U.S. – there may be a way to end it and even with a good outcome.

First, it’s important to note: although the law is called the “Violence Against Women Act,” it applies to both men and women who experience abuse.

In general, anyone who suffers abuse (physical or emotional) by their U.S. citizen spouse during the marriage may file a self-petition for a Green Card without the spouse’s involvement. Importantly, the process is confidential: the American spouse will not be notified of the filing and cannot obtain information about it. In most cases, no interview is required; but if there is one, it is only for the immigrant applicant.

In a nutshell, to qualify for VAWA, the applicant must show five things:

  1. Marriage to a U.S. citizen (marriage certificate).
  2. Proof of the spouse’s U.S. citizenship (copy of passport or birth certificate).
  3. The applicant’s “clean” criminal record.
  4. Evidence of a bona fide marriage and shared life (joint accounts, joint property, photos, etc.).
  5. Evidence (as much as possible) of physical and/or emotional abuse.

Key points about the VAWA process:

It is a lengthy process and may take up to 3 years to obtain a Green Card. Because of the complexity, legal fees may be relatively high, but there is no government filing fee since this is a humanitarian visa. At the end of the process, the applicant receives a 10-year Green Card (not a 2-year conditional Green Card like in regular marriage-based cases). Citizenship can be applied for after 3 years. No financial sponsor is required. After about 6 – 8 months, applicants may receive a work permit and advance parole (travel authorization).

Attorney Hila Kaplan

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Client Testimonials

"Hila guided me through the entire E-2 visa process with patience and expertise. From the business plan to the final approval, she made sure every detail was covered. Thanks to her, I was able to move to the U.S. and start running my business smoothly. I couldn't have done it without her support."

Testimonial by Yaron S., Tel Aviv, Israel – E-2 Visa

"Going through the VAWA process was one of the most difficult times in my life, but Hila made me feel supported and protected. She handled my case with professionalism and compassion, and because of her, I was able to get my green card and start over with confidence. I will always be grateful."

Testimonial by Dana M., Miami, FL – VAWA

"I wanted to join my wife in the U.S., and the green card process seemed overwhelming. Hila explained every step clearly and took care of all the paperwork. Thanks to her, our family is now together in the U.S., and the process went much faster than I expected."

Testimonial by Itay S., Ramat Gan, Israel – Family-Based Green Card

"As an Israeli entrepreneur expanding to the U.S., I needed someone who truly understands E-1 visas. Hila was amazing - she was knowledgeable, responsive, and always available to answer my questions. Because of her hard work, my E-1 visa was approved, and my business is now thriving in New York."

Testimonial by Amit Ben-David, Long Island, NY – E-1 Visa

"My wife and I filed for my green card through marriage, and Hila handled the adjustment of status process perfectly. She prepared us for the interview, helped us gather all the right documents, and everything went smoothly. We felt so reassured having her on our side."

Testimonial by Noam M., Las Vegas, NV

"Attorney Kaplan helped me through the toughest time of my life. Her patience, knowledge, and dedication brought my family back together. Forever grateful."