What is VAWA?
VAWA, the Violence Against Women Act, is a law enacted by Congress that provides protections for immigrant victims of domestic violence. Despite the name, this law protects women, but also men and children, by allowing them to self-petition for lawful immigration status in the United States.
What Are the Benefits of VAWA?
Self-petitioning under VAWA brings the following benefits:
- You may be able to obtain lawful immigration status in the United States without your abusive spouse, parent, or child’s knowledge, permission, or help.
- You will not need to rely on your abuser spouse, parent, or child or any sponsor to support your application.
- If your VAWA is approved, you will be eligible for work authorization. In some cases, you will be eligible to work while the VAWA petition is pending.
- In many states, you may qualify for certain forms of public benefits.
- In most cases, if the VAWA is approved, the self-petitioner may qualify to seek lawful permanent residence status -a “green card.”
- If you qualify for VAWA, you might include some family members as derivatives on your application, such as your unmarried children under 21.
Who Qualifies for VAWA Protection?
You may qualify for VAWA if you were subjected to actual or threatened violence by your:
- U.S citizen or Lawful Permanent Resident spouse or former spouse
- U.S citizen or Lawful Permanent Resident parent
- U.S. citizen adult son or daughter
You might also qualify for VAWA if you are the parent of a child who was abused by your U.S. citizen or Lawful Permanent Resident spouse.
What Do You Need to Prove to Qualify for VAWA?
To qualify for VAWA, you need to prove that:
- You are a child or current or former spouse of a U.S. citizen or permanent resident; or a parent of an adult U.S. citizen
- You live or lived with the abuser in the United States
- You are a person of good moral character
- You are or were a victim of battery or extreme cruelty by your abusive parent, child, or spouse.
If your VAWA petition is based on marriage, you also need to prove that you entered your marriage in good faith, that is, with the intent to establish a life together and not to circumvent the immigration laws.
What If You No Longer Live with Your Spouse?
You do not need to be living with your spouse at the time you file your VAWA petition. You can even apply for VAWA up to two years after a divorce. You can also petition for VAWA within two years of your spouse’s death, if your spouse was a U.S. citizen.
Do I Qualify for VAWA If I Was Not Physically Abused?
Yes, domestic violence includes physical violence but also mental or psychological abuse, including intimidation, threats of deportation, economic abuse, humiliation, and social isolation.
If I Have Been the Victim of Domestic Violence, Should I Apply for VAWA or for A U Visa?
Some victims of domestic violence are not eligible to apply for VAWA because they were never legally married to the abuser, or the abuser lacks immigration status. In those scenarios, the U visa might be the only available option.
However, if the abuser is your spouse or parent who is a U.S. citizen or a legal permanent resident, you may qualify for both U Visa and VAWA. This could also be true if your abuser is your U.S. citizen child who is over 21.
If you qualify for both, consulting with an experienced immigration attorney can help you decide which one is best for your case. At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases. Please call us at 763-951-2235 or email blf@bienvenidoslaw.com to schedule an appointment today!
