Both VAWA (Violence Against Women Act) and the U Visa provide important immigration relief options for victims of abuse or crime, but they serve different purposes and have unique eligibility requirements.
👤 Who Qualifies?
| Feature | VAWA | U Visa |
|---|---|---|
| Target Applicants | Victims of domestic violence by a U.S. citizen or permanent resident spouse, parent, or child | Victims of qualifying crimes who assist law enforcement |
| Eligible Relationships | Spouse, child, or parent of abuser | Self (victim), plus eligible family members |
| Crime Requirement | Domestic abuse or extreme cruelty | Various serious crimes (e.g., assault, trafficking) |
| Law Enforcement Cooperation | Not required | Required (certification from police or prosecutor) |
✅ Benefits Comparison
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VAWA: Self-petition for green card, no need for abuser’s knowledge or cooperation, protection from deportation, work authorization.
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U Visa: Temporary nonimmigrant status up to 4 years, possibility to apply for green card after 3 years, work permit, family inclusion.
📝 Application Process
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VAWA: File Form I-360 with evidence of abuse; can adjust status after approval.
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U Visa: File Form I-918 with law enforcement certification; may apply for green card after 3 years.
⏳ Processing Times
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VAWA petitions typically take less time compared to the significant backlog for U Visas, which may face multi-year waits.
⚠️ Important Considerations
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Choosing between VAWA and U Visa depends on your relationship to the abuser, cooperation with law enforcement, and immigration goals.
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Both processes are confidential to protect your safety.
📞 If you’re a victim seeking immigration relief, Borderless Lawyers can assess your situation to help select and file the best petition for your safety and future in the U.S.