VAWA Immigration Lawyer in San Jose

VAWA Self-Petitions and VAWA Cancellation of Removal for Survivors of Abuse

If you are experiencing abuse from a U.S. citizen or lawful permanent resident (green card holder) spouse or parent or if you are the parent of an abusive U.S. citizen child you may be able to pursue immigration relief under the Violence Against Women Act (VAWA) without relying on the abuser.

At The Ahluwalia Firm, we help survivors in San Jose and across the Bay Area pursue VAWA immigration options with care, confidentiality, and a strategy designed around your safety and your long-term stability. VAWA protections can apply regardless of gender, and abuse may include far more than physical violence.

Confidential Consultation: If you need help understanding whether VAWA may fit your situation, contact us for a private consultation.

What Is VAWA Immigration Relief?

The Violence Against Women Act (VAWA) is a federal law that provides immigration protections for certain survivors of abuse. A qualifying survivor may be able to file a VAWA self-petition to seek lawful status without the abuser’s participation or permission.

In many cases, VAWA relief can lead to:

• The ability to pursue a green card (lawful permanent residence)
• Eligibility for work authorization (in appropriate circumstances)
• A path forward that reduces dependence on the abuser

Important: Every case is different. Eligibility depends on your relationship to the abuser, your history, and your evidence.

Who Can File a VAWA Self-Petition?

A VAWA self-petition may be available to:

• Spouse of an abusive U.S. citizen or lawful permanent resident (LPR)
• Child (unmarried and under 21, with some exceptions) of an abusive U.S. citizen or LPR
• Parent of an abusive U.S. citizen (adult son or daughter who abused a parent may qualify in certain situations)

Common eligibility issues we evaluate include:

• Your current immigration history and any court involvement
• Whether the marriage was entered into in good faith (if the case is based on a spouse relationship)
• Whether there was battery or extreme cruelty
• Whether you lived with the abuser at some point
• Good moral character considerations
• Your current immigration history and any court involvement

What Counts as Abuse Under VAWA?

VAWA cases often involve “battery or extreme cruelty.” This can include physical harm, but it can also include non-physical abuse such as:

• Threats to report you to immigration or “get you deported”
• Isolation from family/friends, monitoring your communications
• Controlling your finances, taking your documents, preventing you from working
• Emotional abuse, intimidation, humiliation, coercion
• Sexual abuse or threats
• Stalking, harassment, or repeated threats

You do not need to “fit a stereotype” of abuse. Many survivors have no police reports and never went to a hospital. A strong case can be built with the right evidence and careful preparation.

Evidence That Can Support a VAWA Case

(A Police Report Is Not Required)

VAWA self-petitions can be supported by many types of evidence, including:

• Your personal declaration (a detailed written statement)
• Statements from friends, family, neighbors, coworkers, faith leaders
• Therapist/counselor letters, social worker or shelter letters
• Photos of injuries or property damage
• Text messages, emails, voicemail, call logs, social media messages
• Medical records (if any)
• Police reports, protective orders, court records (if any)
• Evidence of shared life: leases, bills, joint taxes, insurance, children’s records
• Proof of abuser’s status (U.S. passport, birth certificate, green card copy, if available)

We help you identify what evidence you have now, what can be safely obtained, and how to present it clearly to USCIS.

Entered Without Inspection or Out of Status? VAWA May Still Help

Many survivors worry that they entered the U.S. without inspection (EWI) or fell out of status. VAWA includes special rules that may help certain applicants, but outcomes depend heavily on the facts.

We carefully analyze:

• How you entered and what your current status is
• Prior immigration filings, removal proceedings, or orders
• Whether adjustment of status is available or whether another path is required

Because these issues are fact-specific, it’s important to get a tailored legal assessment.

VAWA Cancellation of Removal

Relief for Survivors in Immigration Court

If you are in removal proceedings, you may have the option to pursue VAWA cancellation of removal (in Immigration Court) if you meet specific legal requirements.

This relief can allow eligible survivors to:

• Defend against removal (deportation)
• Obtain lawful permanent residence through the court process

If you or a loved one has a hearing scheduled, the right strategy often depends on:

• Court posture and deadlines
• Evidence strength
• Prior orders, detention risk, and enforcement concerns
• Whether multiple options should be pursued in parallel

If you are in proceedings, time matters-court calendars move quickly.

Why Choose The Ahluwalia Firm for Your VAWA Case?

Survivor-Centered and Confidential

We understand that safety and privacy are essential. We approach VAWA matters with discretion, empathy, and a process that respects trauma and your boundaries.

Strategy Built for Real-World Outcomes

VAWA cases succeed when they are organized, evidence-rich, and legally coherent. We focus on building a clear narrative, anticipating USCIS questions, and preparing you for the full timeline.

Experience in VAWA and Immigration Law

Our team has extensive experience handling VAWA self-petitions and cancellation of removal cases. As top VAWA petition attorneys in San Jose, we have successfully represented survivors from diverse backgrounds, helping them secure legal status and protection from abuse. We understand the complexities of the VAWA process and are committed to providing the highest level of service.

Compassionate Support for Survivors

We know the trauma that survivors face, and our VAWA petition attorneys are dedicated to providing compassionate, non-judgmental support. We listen to your story and ensure that you feel empowered throughout the legal process. Our priority is your safety, your rights, and your path to healing.

Personalized Legal Attention

At The Ahluwalia Firm, we take a personalized approach to each VAWA petition case. We understand that every situation is unique, and we tailor our services to fit your specific needs. Our VAWA immigration lawyers provide clear communication, regular updates, and unwavering support to ensure you feel informed and confident as your case progresses.

Serving San Jose and the Bay Area

Located in San Jose, our firm is proud to serve the diverse communities of the Bay Area, including survivors in Pleasanton and other surrounding regions. We understand the specific challenges faced by immigrants in this area and are committed to providing localized, expert legal support for VAWA self-petitions.

Get Started with Your VAWA Petition Today

If you are a survivor of domestic violence, sexual assault, or other forms of abuse, contact The Ahluwalia Firm today. Our experienced San Jose VAWA petition attorneys will guide you through the VAWA self-petition process, assess your eligibility, and provide the legal representation you need to secure your future. Reach out for a confidential consultation and take the first step toward reclaiming your life.