VAWA & U-Visa Lawyer San Antonio, TX Immigration Protection for Victims of Domestic Violence & Crime

If you are an undocumented immigrant in San Antonio who has experienced domestic violence, sexual assault, or another qualifying crime, federal law provides pathways to legal immigration status—without your abuser's knowledge and without fear of deportation. The Violence Against Women Act (VAWA) and the U-visa program were created specifically to protect people in your situation.

At The Echavarria Law Firm, principal attorney Elizabeth Echavarria has spent over 15 years representing victims of abuse and crime through VAWA self-petitions, U-visa applications, and related humanitarian immigration relief in San Antonio. Every case is handled with strict confidentiality and is available in both English and Spanish.

VAWA Self-Petitions: Legal Status Independent of Your Abuser

The Violence Against Women Act (VAWA) is a federal law first enacted in 1994 and reauthorized multiple times since—most recently strengthened in 2022. Despite its name, VAWA protects victims of all genders, including men, women, and LGBTQ+ individuals. The law allows victims of battery or extreme cruelty committed by a U.S. citizen or lawful permanent resident (LPR) family member to self-petition for legal immigration status through USCIS, completely independently of the abuser.

This is the critical distinction that makes VAWA so powerful: you do not need your abuser's cooperation, sponsorship, or even knowledge to pursue a green card. The self-petitioning process was designed to break the control that abusers hold over their victims' immigration status—a tool abusers frequently weaponize to maintain power.

Who Qualifies for a VAWA Self-Petition?

VAWA self-petitioning is available to immigrants who have been abused by a qualifying U.S. citizen or lawful permanent resident relative. Qualifying relationships include:

Spouses — current or former spouses of U.S. citizens or LPRs who suffered battery or extreme cruelty during the marriage. The marriage must have been entered in good faith (not solely for immigration purposes), even if it has since ended. You can file within 2 years of divorce if the divorce was connected to the abuse.

Children — unmarried children under 21 of U.S. citizens or LPRs who have suffered abuse by the qualifying parent.

Parents — parents of U.S. citizens who are at least 21 years old, where the parent has suffered abuse from the U.S. citizen child.

What Counts as "Abuse" or "Extreme Cruelty" Under VAWA?

USCIS defines abuse broadly under VAWA. You do not need to show physical violence—though physical abuse certainly qualifies. Recognized forms of abuse include physical violence (hitting, pushing, choking, kicking), sexual assault or coercion, psychological or emotional abuse (constant degradation, humiliation, gaslighting, intimidation), threats of deportation or reporting to immigration authorities, isolation from family, friends, or community, financial control or economic abuse (withholding money, preventing employment), and destruction of immigration documents.

Many of our clients in San Antonio initially believe they do not qualify because they were "only" emotionally or financially abused. That is not the case. USCIS adjudicators are trained to evaluate the full pattern of coercive control, not just individual incidents.

Core Eligibility Requirements

Beyond the qualifying relationship and abuse, USCIS requires that the abuse occurred in the United States (or that you resided with the abuser in the U.S. at some point), that you can demonstrate good moral character (minor offenses do not automatically disqualify you—criminal history is evaluated case-by-case), and that spousal petitioners entered the marriage in good faith.

U-Visa: Immigration Relief for Crime Victims Who Cooperate with Law Enforcement

The U nonimmigrant visa was created by Congress in 2000 through the Victims of Trafficking and Violence Protection Act. Its purpose is to encourage undocumented crime victims to report crimes and cooperate with law enforcement without fear of deportation. Unlike VAWA, the U-visa does not require any family relationship between you and the person who committed the crime.

U-Visa Eligibility Requirements

To qualify for a U-visa, you must meet four criteria: (1) you were a victim of a qualifying crime that occurred in the U.S. or violated U.S. law, (2) you suffered substantial physical or mental abuse as a result of that crime, (3) you possess information about the criminal activity and are willing to assist law enforcement, and (4) you have a law enforcement certification (Form I-918 Supplement B) from a qualifying agency confirming your cooperation.

Qualifying Crimes for U-Visa Eligibility

The list of qualifying criminal activities is extensive:

Attempt, conspiracy, or solicitation to commit any of these crimes also qualifies. If you are unsure whether the crime you experienced is on the list, contact our office—the qualifying criteria are broader than many people realize.

U-Visa Benefits

VAWA vs. U-Visa: Which Immigration Path Is Right for You?

Many crime victims in San Antonio qualify for both VAWA and U-visa relief, and in some cases it is strategically advantageous to file both. The key differences are outlined below:

Factor	VAWA Self-Petition	U-Visa
Relationship to Abuser	Required — must be a U.S. citizen or LPR spouse, parent, or child	Not required — any perpetrator qualifies
Filing Form	Form I-360	Form I-918 + Supplement B (law enforcement certification)
Law Enforcement Cooperation	Not required	Required — must cooperate with investigation/prosecution
Types of Abuse	Battery or extreme cruelty (physical, emotional, psychological, financial, sexual)	Qualifying criminal activity (see list above)
Abuser Notification	No — fully confidential	No — fully confidential
Processing Time (2025–2026)	~30–41 months for I-360	5+ years (10,000/year cap); waitlist provides deferred action
Path to Green Card	Yes — via concurrent or subsequent I-485	Yes — after 3 years of continuous U-visa status
Work Authorization	Yes — upon prima facie approval or concurrent I-485 filing	Yes — upon waitlist placement or approval

An experienced San Antonio VAWA and U-visa attorney evaluates whether one filing or dual filings gives you the strongest protection. In many domestic violence cases, filing both a VAWA self-petition and a U-visa application simultaneously creates overlapping layers of protection against deportation.

How We Handle VAWA & U-Visa Cases in San Antonio

Why San Antonio Crime Victims Choose The Echavarria Law Firm

15+ years of dedicated immigration law practice. Attorney Elizabeth Echavarria has built her career exclusively on immigration cases, including extensive experience with VAWA self-petitions, U-visa applications, and humanitarian immigration relief for vulnerable populations in the San Antonio area.

Trauma-informed, confidential approach. We understand that sharing your story is difficult. Every consultation and case interaction is conducted in a safe, private environment. Attorney-client privilege protects everything you share, and USCIS confidentiality rules ensure your abuser is never contacted or informed about your application.

Bilingual from intake to resolution. Every stage of your case—from the initial consultation through evidence gathering, declaration drafting, filing, and any USCIS interviews—is available in both English and Spanish. You will fully understand every document you sign and every decision you make.

Deep San Antonio local knowledge. We know how to coordinate law enforcement certifications with Bexar County agencies, we understand the procedures at the San Antonio Immigration Court and the local USCIS field office, and we maintain connections with community organizations that provide shelter, counseling, and support services for domestic violence survivors in the San Antonio area.

Strategic dual-filing expertise. Where clients qualify for both VAWA and U-visa protections, we evaluate whether filing both strengthens your overall case—providing layered deportation protection and multiple pathways to permanent residency.

After Approval: Your Path to Permanent Residency & Citizenship

VAWA and U-visa approval are the beginning of a longer journey toward full legal stability in the United States.

VAWA to Green Card

Once your I-360 self-petition is approved, you can file for Adjustment of Status (Form I-485) to become a lawful permanent resident. In many cases, you can file the I-485 concurrently with the I-360, reducing overall processing time. As a permanent resident, you gain the right to live and work in the U.S. without restriction, travel internationally, and eventually apply for U.S. citizenship through naturalization.

U-Visa to Green Card

After maintaining continuous U-visa status for 3 years and meeting other requirements (including continued cooperation with law enforcement and no disqualifying criminal history), you can apply for a green card. Derivative family members on your U-visa petition may also be eligible to adjust status.

Related Humanitarian Relief: T-Visas

Victims of severe human trafficking may qualify for a T-visa, which provides temporary legal status, work authorization, and a path to permanent residency. If your situation involves forced labor, involuntary servitude, or sex trafficking, this may be an additional or alternative avenue of relief. We evaluate T-visa eligibility as part of every humanitarian intake.

Frequently Asked Questions — VAWA & U-Visa in San Antonio

What is VAWA and who qualifies for a VAWA self-petition in San Antonio?

The Violence Against Women Act (VAWA) allows victims of domestic violence, sexual assault, or extreme cruelty committed by a U.S. citizen or lawful permanent resident spouse, parent, or child to self-petition for legal immigration status—without the abuser's knowledge or consent. Despite its name, VAWA protects all genders.

To qualify, you must have a qualifying relationship with your abuser, demonstrate that the abuse occurred in the U.S. (or while residing with the abuser), show good moral character, and prove the marriage (if applicable) was entered in good faith. Learn more about VAWA eligibility in our detailed guide.

What is a U-visa and how do I qualify in San Antonio?

The U-visa is a nonimmigrant visa for undocumented victims of qualifying crimes—including domestic violence, sexual assault, kidnapping, and human trafficking—who cooperate with law enforcement in investigating or prosecuting those crimes. Unlike VAWA, the U-visa does not require any family relationship with the perpetrator.

You must demonstrate substantial physical or mental abuse resulting from the crime, possess information about the criminal activity, and obtain a law enforcement certification (Form I-918 Supplement B). The U-visa provides temporary legal status for up to 4 years, work authorization, and a path to permanent residency after 3 years.

Will my abuser find out if I file a VAWA petition or U-visa?

No. Both VAWA and U-visa applications carry strict confidentiality protections under federal law. USCIS is legally prohibited from contacting the abuser or disclosing any information about your application. All correspondence is sent to a safe address or directly to your attorney—never to a shared address.

USCIS also cannot base its decision on information provided by the abuser. These protections exist specifically so victims can pursue immigration relief without risk of retaliation.

What is the difference between a VAWA self-petition and a U-visa?

The key differences: VAWA requires a qualifying family relationship with the abuser (U.S. citizen or LPR spouse, parent, or adult child) and does not require law enforcement cooperation. You file Form I-360. U-visa does not require any family relationship with the perpetrator but does require law enforcement certification of your cooperation. You file Form I-918.

Some individuals qualify for both—particularly domestic violence victims whose abuser is a U.S. citizen or LPR. Filing both simultaneously can create layered protection against deportation and multiple pathways to permanent residency.

How long does the VAWA or U-visa process take?

VAWA (I-360): Current USCIS processing times are approximately 30–41 months. If you file adjustment of status (I-485) concurrently, the total green card timeline ranges from 3–4+ years.

U-visa (I-918): Due to the statutory cap of 10,000 U-visas per year, wait times can exceed 5+ years for principal applicants. However, applicants placed on the waitlist receive deferred action status and work authorization while waiting—meaning you gain deportation protection and the ability to work legally even before the visa is officially issued.

Do I need a police report to file for VAWA or a U-visa?

For VAWA: No. Police reports are helpful evidence but are not required. VAWA recognizes abuse that may never involve police—including emotional manipulation, financial control, verbal threats, and psychological abuse. Acceptable evidence includes personal declarations, witness affidavits, therapy records, medical records, text messages, emails, photographs, and protective orders.

For U-visas: You need a law enforcement certification (Form I-918 Supplement B), which is different from a police report. This certification confirms your cooperation with the investigation or prosecution. Our attorneys coordinate directly with San Antonio law enforcement, Bexar County prosecutors, or the relevant investigating agency to obtain this certification on your behalf.

Can I get a work permit while my VAWA or U-visa case is pending?

VAWA: Yes. If you file Form I-485 (Adjustment of Status) concurrently with your I-360 self-petition, you can apply for an Employment Authorization Document (EAD) immediately. If you file the I-360 alone first, you become eligible for work authorization once USCIS grants prima facie eligibility or approves the petition.

U-visa: Yes. When USCIS places you on the U-visa waitlist (after the annual 10,000 cap is reached), you receive deferred action status and can apply for work authorization. This ensures you can legally support yourself and your family while your case is pending.

What services does The Echavarria Law Firm provide for crime victims?

We provide comprehensive immigration legal services for crime victims in San Antonio: VAWA self-petitions (Form I-360), U-visa applications (Form I-918), law enforcement certification coordination (I-918 Supplement B), T-visa applications for trafficking victims, adjustment of status (I-485) to permanent residency, Employment Authorization Document (EAD) applications, waivers of inadmissibility, deportation defense for crime victims, and coordination with community support organizations for safety planning, shelter, and counseling referrals.

All services are available in English and Spanish under strict attorney-client confidentiality. Contact us for a confidential case evaluation.