Immigration Through VAWA

The Violence Against Women Act (VAWA) was created by the United States Congress in 1994 to support to non-citizens and immigrants who have suffered violence and abuse. Over the past few years, the law has been revised, expanded, and reauthorized on several occasions. VAWA opens up a way for victims of abuse to apply for an adjustment of status towards permanent residency if they meet the requirements. It Act also provides protections to members of the LGBTQ community who are survivors of domestic abuse, sexual assault, and stalking. In addition, the law prohibits the purchase and sale of firearms to people convicted of domestic violence.

Immigration law can be complicated. If you find yourself having questions about your immigration status, it is best to get a free consultation with an immigration lawyer in your area, who can help explain your legal rights.

What Is VAWA?

VAWA is a law that protects against violence and promotes programs against abuse and mistreatment. The main objectives of VAWA are:

• Prevent crimes of violence.
• Offer support to people who experienced a crime of violence.
• Research more about these types of crime.
• Promote positive change in society to avoid crimes of violence.
• Collaborate with the U.S. justice system and other agencies, private organizations, schools and others, to prevent crimes of violence.

Crimes Covered by VAWA

Domestic violence: Domestic violence is interpreted as threats or harm at the hands of an intimate partner. It includes felonies or misdemeanors committed by an abusive spouse, partner, or ex-partner. The crimes associated with domestic violence include physical abuse, sexual assault, simple or aggravated assault, and homicide.

Sexual assault: For the VAWA program, sexual assault is defined as “any non-consensual sexual act prohibited by federal, tribal, or state law, when the victim lacks the capacity to consent.”

Violence during dating or between couples who do not cohabit (“dating violence”): This refers to “violence committed by a person who has or has had a social relationship of a romantic or intimate nature with the victim.” The relationship between the offender and the victim is determined based on the following factors: the length of the relationship, the type of relationship, and the frequency of interactions between the people involved in the relationship.

Stalking: All states and territories have state laws that define and criminalize stalking. On top of that, federal law prohibits traveling across state lines or using mail, computer, and electronic communication services with the intent to kill, injure, harass or intimidate another person.

Immigration Benefits Under VAWA Law

VAWA immigration benefits are for eligible immigrants who suffer violence or are abused or mistreated. If you qualify under VAWA and provide information or evidence of abuse to authorities, benefits you could be eligible for include:

• Lawful permanent residency (getting a green card).
• Authorization to work legally in the U.S.
• Government benefits including welfare, food stamps, and health insurance.
• Suspension of deportation or cancellation of removal of the applicant.

For example, if a victim of abuse was awaiting deportation, VAWA benefits could suspend deportation. If a victim of abuse and their child are going through removal proceedings, they could get a VAWA cancellation of removal.

A VAWA applicant may also be able to apply for a waiver of inadmissibility for certain minor criminal offenses, including crimes of moral turpitude.

Other Additional Provisions of VAWA

In an attempt to establish more uniform protections, VAWA also established the following provisions:

• It requires that courts of the United States keep confidential the addresses of shelters for victims of domestic violence. This protection includes the home address of the person who experienced the violence.
• It requires the U.S. Attorney General, the National Academy of Sciences, and the Secretary of Health to conduct federal investigations that provide a greater understanding of violence against women.
• It requires special studies on sexual violence on college campuses and battered woman syndrome.

How to Apply for an Immigrant Visa Through VAWA Law

An alien in the United States can become a lawful permanent resident (LPR) through VAWA protections. Both women and men are protected by VAWA and the law extends to transgender or LGBTQ-identified people.

To obtain a green card under VAWA, the non-citizen victim of abuse must have suffered extreme cruelty by an immediate relative. The related abuser has to have U.S. citizenship or LPR. status, including:

• U.S. citizen spouse or ex-spouse (by birth or naturalization).
• U.S. citizen parents.
• U.S. citizen sons or daughters.
• Spouse or former lawful permanent resident spouse (carries a green card).
• Lawful permanent resident parent.

VAWA law allows the applicant to petition for themselves (VAWA self-petition). The petitioner does not need a sponsor to apply for permanent residence status. To self-petition, you must:

• Complete and send the I-360 form Petition for Amerasian, Widow(er), or Special Immigrant.
• Not be subject to grounds of inadmissibility.
• Show that you are a person of good moral character.

You do not have to inform the abusive family member of his request. If the VAWA petition is approved, it is protected by VAWA law. Your unmarried children under the age of 21 can be included as derivative beneficiaries.

If you meet other additional qualifying requirements, then you can apply for lawful permanent residence with the United States Citizenship and Immigration Services (USCIS) to file Form I-485 to adjust status.

Can an Attorney Help Me Apply for a VAWA Green Card?

United States Immigration Law allows a foreign national who has suffered violence to claim the immigration benefits protected by VAWA. Some people talk about VAWA as a visa. It is not a visa, it is a law that can help the abused applicant to obtain an immigrant visa or an adjustment of status to achieve a green card.

Most people who apply to VAWA seek the help of an immigration attorney in these cases. An attorney can help you:

• Further understand what VAWA is and explain the types of protections VAWA offers.
• Meet the qualification requirements.
• Gather evidence about your case.
• Start your adjustment of status to obtain a permanent residence card.
• Process your work permit for work authorization.

Cases of violence can be very complicated, and there may be serious criminal charges involved. An attorney can also tell you how to proceed with the criminal case and how to obtain additional protections from abuse.

If you do not meet the eligibility requirements for VAWA immigration, an experienced attorney can direct you to other options for obtaining legal status. If you were a victim of violence, you may be able to get a U-visa (for victims of crime) or a T-visa (for victims of human trafficking).

If you are in doubt as to whether or not you need an immigration attorney, consider making an appointment to find out about your immigration options. Most immigration law firms offer free consultations and payment plans.