To qualify for immigrant status under the Violence Against Women Act (VAWA), an individual must demonstrate that they have been the victim of battery or extreme cruelty by a U.S. citizen or lawful permanent resident who is a qualifying relative. Eligible self-petitioners include abused spouses and children of U.S. citizens or lawful permanent residents, as well as parents of abusive U.S. citizen sons or daughters (age 21 or older). Importantly, VAWA protections are not limited to women—men and individuals of any gender may qualify. The abuse may be physical, emotional, or psychological, and the applicant must show they lived with the abuser at some point and entered into the relationship in good faith if applying as a spouse.

The process begins with filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with U.S. Citizenship and Immigration Services (USCIS). Along with the form, the applicant must submit evidence of the qualifying relationship, proof of abuse (such as police reports, medical records, or affidavits), proof of good moral character, and documentation showing residence with the abuser. If the petition is approved, the applicant may become eligible to apply for lawful permanent resident status, depending on their immigrant visa category and whether a visa is immediately available.

If the applicant is already in the United States and an immigrant visa is available (such as for spouses or immediate relatives of U.S. citizens), they may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently or after the Form I-360 Petition approval. If they are outside the U.S., they must wait for consular processing through a U.S. embassy or consulate. Throughout this process, applicants may also be eligible for work authorization and protection from removal. VAWA allows survivors to pursue lawful status independently of their abuser, promoting safety and autonomy for victims who might otherwise remain trapped in abusive situations due to their immigration status.

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief available to undocumented minors in the United States who have been abused, neglected, or abandoned by one or both parents. To qualify, the child must be under the age of twenty-one (21), unmarried, and declared dependent on a juvenile court or placed under the custody of a state agency, guardian, or individual appointed by the court. A key component of the SIJS process is obtaining a state court predicate order that includes specific findings: (1) the child cannot reunify with one or both parents due to abuse, neglect, or abandonment; (2) it is not in the child’s best interest to return to their country of origin; and (3) the child is under the jurisdiction of a juvenile or family court.

The process of obtaining a predicate order varies by state, as it is governed by each state’s domestic relations or juvenile statutes. In some states, family or probate courts handle these cases through guardianship or custody proceedings, while others may require dependency actions through the juvenile court. Some states define a “minor” as under 18, while others extend juvenile court jurisdiction to age 21, impacting where and how the predicate order can be sought. Regardless of the state, the juvenile court does not grant immigration status but rather issues the factual findings necessary for the minor to apply for SIJS with U.S. Citizenship and Immigration Services (USCIS).

Importantly, while a qualifying relative—such as a grandparent, aunt, or sibling—may petition the court for guardianship or custody to help the minor obtain a predicate order, that individual cannot benefit for immigration purposes. SIJS does not provide any immigration benefits to the parents or guardians of the child. This safeguard ensures that the focus remains solely on the best interest of the child, rather than serving as a pathway for relatives to obtain legal status.