How much is the initial consultation?

Our initial consultation is a paid strategy session: $200 for 20 minutes. If you decide to retain Fitenko Law PLLC, that $200 is credited toward your legal fee. In that focused session, we assess whether you may qualify for a VAWA self-petition and outline your next steps confidentially. Call (305) 315-3425 or email fitenkolaw@gmail.com to book.

Is VAWA only for women?

No. Despite its name, the Violence Against Women Act protects survivors of all genders. Men, women, and nonbinary individuals who are abused spouses, children, or parents of U.S. citizens or permanent residents can all self-petition under VAWA.

Will my abuser find out I filed?

Federal confidentiality law (8 U.S.C. § 1367) generally prohibits USCIS from disclosing your petition to the abuser, and there is no joint interview. You can also use a safe mailing address so no notices reach your home. With careful preparation, a VAWA petition can be filed without the abuser's knowledge.

Can I still file if I am already divorced?

Yes, in many cases. An abused former spouse may generally self-petition within two years of the divorce, provided the divorce was connected to the abuse. Because this deadline is firm, consult an attorney promptly if your marriage has ended.

Do I need a police report or restraining order?

No. Those records help, but they are not required. USCIS applies an "any credible evidence" standard. A detailed personal declaration, affidavits from people who knew your situation, medical or counseling records, messages, and photographs can all support a case even if you never involved the police.

Can I work while my VAWA case is pending?

Once your self-petition is approved, USCIS generally grants deferred action, which lets you apply for a work permit (EAD) on Form I-765. That work authorization is often the key to financial independence from the abuser while you wait to complete your green card process.

Does VAWA lead to a green card?

Yes. A VAWA self-petition is a pathway to lawful permanent residence. If your abuser is a U.S. citizen, you may be able to adjust status soon after approval; if the abuser is a permanent resident, you may wait for a visa to become available. Either way, the green card ends up in your name alone.

Can I self-petition if I entered the U.S. without inspection?

Possibly. VAWA self-petitioners benefit from special rules and waivers that can excuse certain immigration violations tied to the abuse. Whether you can adjust status inside the U.S. or need another route depends on your specific history, which is exactly what we evaluate in a strategy session. This article is general educational information only, not legal advice, and does not create an attorney-client relationship. Immigration law changes and every case is different — please consult a qualified immigration attorney and verify current requirements with USCIS for guidance specific to your situation. If you are in immediate danger, call 911, or reach the National Domestic Violence Hotline at 1-800-799-7233.

VAWA Self-Petition Miami: A Confidential Survivor's Guide

Abused by a U.S. citizen or LPR spouse, parent, or child? A Miami immigration attorney explains the confidential VAWA self-petition, evidence, work permit, and green card. Call (305) 315-3425.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

▾ View Full Site Map · 56 Pages