Your Immigration Status Belongs to You — Not to the Person Who Hurt You
VAWA and adjustment of status give qualifying survivors a private, independent path to legal protection — and we help you take it, in your language, without judgment.
What VAWA, the U Visa, and Adjustment of Status Can Do for You
If your immigration status is tied to someone who has abused or controlled you, you may have more options than you realize — and you may not need that person's cooperation to use them. Federal law created specific protections for survivors in exactly this situation.
VAWA Self-Petition
The Violence Against Women Act allows qualifying survivors to petition for immigration relief on their own — without notifying or involving the abuser. If you are the spouse, child, or parent of a U.S. citizen or lawful permanent resident who abused you, you may be eligible to file a self-petition that puts your case entirely in your hands.
U Visa
The U visa is available to survivors of serious crimes — including domestic violence, sexual assault, and other qualifying offenses — who have cooperated or are willing to cooperate with law enforcement. It provides temporary legal status and a path to a green card, and it does not require you to be married to or sponsored by the person who harmed you.
Adjustment of Status
If you are already in the United States, you may be able to apply for lawful permanent residence without leaving the country. Adjustment of status allows qualifying individuals to move from a temporary or undocumented status to a green card while remaining here — which matters enormously when leaving could put you or your family at risk.
DACA and VAWA Together
Some survivors hold DACA status or have pending DACA renewals. These situations require careful coordination — protecting your current status while building toward something more permanent. We handle both and help you understand how they interact.
Deportation Defense for Survivors
If you are in removal proceedings, VAWA or U visa eligibility may provide a defense that stops or delays deportation while your case is pending. Timing matters in these situations. If you have received any notice from immigration authorities, contact us as soon as possible.
Coming Forward Is Safe — Here Is How We Handle Your Case
We know that fear of exposure, retaliation, or disbelief keeps many survivors from seeking help. Our intake process is designed to remove those barriers.
Every consultation is private and confidential. We do not share your information with your spouse, your employer, or anyone connected to your abuser. Our team includes staff who speak Arabic, Vietnamese, Mandarin, and Spanish — so you can explain your situation in the language where you feel most precise and most safe. You will not be rushed, and you will not be judged. Your first step is simply a conversation.
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Who May Qualify for VAWA or U Visa Relief
Eligibility depends on your specific relationship, the nature of the abuse, and your immigration history. You may qualify if:
- You were abused by a U.S. citizen or lawful permanent resident spouse, parent, or adult child
- You are a child who was abused, or a parent of a child who was abused by a U.S. citizen
- You experienced domestic violence, sexual assault, human trafficking, or another qualifying crime in the United States
- You have cooperated or are willing to cooperate with law enforcement in connection with the crime
- You have been a person of good moral character
- You are currently inside the United States and wish to adjust status without departing
Not every situation fits neatly into a single category. If you are unsure whether you qualify, tell us what happened and we will tell you what options exist.
What the VAWA Self-Petition Process Looks Like
Filing a VAWA self-petition is not the same as filing a standard immigration application. It goes to a confidential USCIS unit — the Vermont Service Center — and your abuser is never notified that you filed. The process generally involves:
- Gathering evidence of the abusive relationship and your connection to a qualifying relative
- Documenting the abuse through police reports, medical records, declarations, or other available evidence
- Demonstrating good moral character, often through a personal declaration and supporting records
- Filing the petition with USCIS and receiving a prima facie determination, which can provide access to certain federal benefits while the case is pending
- Moving toward a green card once the petition is approved and a visa number is available
We prepare every document with you, explain each step before it happens, and make sure nothing is filed until you understand and agree with what is being submitted.
Why DFW Survivors Choose Wincorn & Associates
Survivors in Dallas, Garland, Irving, Grand Prairie, and across the DFW metro come to us for reasons that go beyond legal credentials.
- We have 145+ Google reviews from clients across our practice areas — many from immigrant families who found us when they had nowhere else to turn
- We serve clients in Arabic, Vietnamese, Mandarin, and Spanish, with bilingual staff available at both offices
- We have two office locations — Dallas/Richardson and Arlington — covering both Dallas and Tarrant counties
- We use a paralegal-supported model that keeps costs manageable without slowing your case
- We handle immigration, family law, and criminal defense under one roof, which matters when your situation involves more than one legal issue
You do not have to coordinate between multiple firms. We can see the full picture of what you are facing.
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Frequently Asked Questions About VAWA and Adjustment of Status
Can I file a VAWA petition without my spouse finding out?
Yes. VAWA self-petitions are processed by a confidential USCIS unit, and federal law prohibits immigration authorities from disclosing your filing to the abuser. Your spouse will not be contacted or notified at any stage of the process.Can I get a green card if my spouse abused me?
You may be able to. If your spouse is a U.S. citizen or lawful permanent resident and you experienced abuse in the relationship, VAWA allows you to self-petition for a green card without their sponsorship or cooperation. An approved VAWA petition can lead to lawful permanent residence.What is the difference between VAWA and a U visa?
VAWA is for survivors who were abused by a qualifying family member who is a U.S. citizen or permanent resident. The U visa is for survivors of serious crimes — including domestic violence — who have worked or are willing to work with law enforcement, regardless of the abuser's immigration status. Both can lead to a green card, but the eligibility requirements and timelines differ.Can I adjust my status without leaving the United States?
In many cases, yes. Adjustment of status is the process of applying for a green card from inside the U.S. rather than through a consulate abroad. Whether you qualify depends on how you entered the country and your current immigration history. We can review your situation and tell you which path is available.What if I am already in removal proceedings?
VAWA or U visa eligibility may provide a defense that allows you to seek relief through the immigration court. It is critical to act quickly if you have received a notice to appear or any removal order. Contact us as soon as possible so we can review your options before a hearing date is set.
Take the First Step — We Are Ready to Listen
You deserve a status that belongs to you, not to someone who used it against you. Whether you are just beginning to consider your options or you are already in a difficult legal situation, we are here to help you move forward — privately, in your language, and with a clear plan.
