Many immigrants from India, Pakistan, and other countries entered the U.S. without a visa or inspection at the border. This type of entry, known as “EWI,” often blocks them from getting a green card through a U.S. citizen relative. In most cases, immigrants with EWI must leave the U.S. and apply at a consulate, risking long-term bars. But if the immigrant parent suffers abuse from an abusive U.S. citizen child, there may be another option. VAWA for parents offers protection and a path to a green card without leaving the country.

What Is VAWA and Who Qualifies?

VAWA allows certain immigrants who suffer abuse by a U.S. citizen or permanent resident spouse, parent, or child to “self-petition” for immigration status. This can take place without the abuser’s knowledge or involvement. This includes cases where an adult U.S. citizen child has abused their immigrant parent.

The law recognizes that immigrants may be trapped in abusive situations. Their lack of legal status may be a barrier. This option gives them a way to pursue safety and independence. Filing Form I-360 as a VAWA self-petitioner is the first step. Importantly, there is no filing fee for VAWA petitions. USCIS reviews the evidence confidentially to protect the immigrant from further harm.

Adjustment of Status: A Powerful Pathway

Once USCIS approves the VAWA self-petition, the immigrant becomes eligible to apply for a green card. That process is “Adjustment of Status,” and happens by filing Form I-485. Adjustment of Status lets them stay in the U.S., receiving permanent residency without having to leave the country. This is the case even if they originally entered without inspection.

This is a powerful exception built into the law for VAWA applicants. Most other immigrants with an EWI are barred from adjusting status inside the U.S.

Work Authorization and Advance Parole

Along with the green card application, VAWA applicants can also apply for work authorization (Form I-765) and advance parole (Form I-131). These allow them to travel abroad while their case is pending.

Work authorization is especially critical. It allows the immigrant to legally work, get a Social Security number, and support themselves. There is no depency on the abusive family member. Advance parole may also open opportunities to visit family abroad. It enables travel in emergencies. It is best to discuss travel plans with an attorney before leaving the country.

Confidentiality: What Happens to the U.S. Citizen Child Abuser?

The U.S. citizen child abuser will not experience any problems if you file for VAWA:

They will not be contacted by USCIS.
They will not be arrested.
They will not be questioned or informed at all about this case.
No one will call and confer with them asking anything.
No one will interview them.

This is a strictly confidential process. The U.S. citizen child will not find out if you even filed the I-360 petition.

Why VAWA Matters for EWI Immigrants from India, Pakistan, and Beyond

For Indian or Pakistani immigrants abused by a U.S. citizen child over 21, VAWA offers a lifeline for parents.

The process is the same for immigrants from other countries, too! It not only protects them from deportation but also offers a direct pathway to permanent residency and, eventually, U.S. citizenship.

Strong Evidence Required — But Hope is Real

This process requires strong evidence of cruelty, abuse, and good moral character, and often involves sensitive personal details. But it is one of the most important humanitarian protections in U.S. immigration law. It allows survivors to break free from abusive relationships and build a safe, independent life in the United States.

Ready to Take the First Step Toward Safety and Legal Status? 🚀

If you’ve experienced abuse from a U.S. citizen or green card holder you may qualify for VAWA protections. Even if you entered the U.S. without inspection, or the abuse came from a spouse, parent, or adult child.

✨ You don’t have to stay silent. You don’t have to stay stuck. ✨

Let the experienced team at Shepelsky Law Group guide you with compassion and confidentiality every step of the way. We’ve helped thousands of immigrants reclaim their safety, dignity, and future — and we’re here for you too.

📞 Call us today at (718) 769-6352
🌐 Or visit us at www.ShepelskyLaw.com to schedule your consultation now!

Your new beginning starts with one brave step — and we’re ready when you are. 💪💼🕊️