Immigration Through VAWA

The Violence Against Women Act (VAWA) provides a way for victims of abuse to apply for an adjustment of status towards permanent residency if they meet the requirements. It also provides protection to members of the LGBTQ community who are survivors of domestic abuse, sexual assault, and stalking. In addition, federal law prohibits people convicted of misdemeanor domestic violence offenses from possessing firearms.

Immigration law can be complex and changes all the time. If you have questions about your immigration status, consult with an immigration lawyer in your area.

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 have 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

VAWA was created by the United States Congress in 1994 to support 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.

Crimes Covered by VAWA

VAWA applies to certain crimes of violence, including:

• Domestic violence
• Sexual assault
• Dating violence
• Stalking

Domestic violence involves 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 is “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 is dating violence. Dating violence is violence by a person who has (or previously had) a social relationship of an intimate or romantic nature with the victim. The relationship between the offender and the victim is determined based on the relationship length, the type of relationship, and the frequency of interactions.

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, abuse, or mistreatment. If you qualify under VAWA and provide information or evidence of abuse to authorities, benefits include:

• Lawful permanent residency (getting a green card)
• Work authorization
• Certain public benefits, which may include welfare, food stamps, and health insurance, depending on state eligibility requirements
• Suspending deportation or cancelling 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 grounds, but waivers for crimes of moral turpitude are limited and depend on specific circumstances.

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 women 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:

• Petitioning Spouse: Abused by a U.S. citizen or LPR spouse (or ex-spouse).
• Petitioning Child (under 21): Abused by a U.S. citizen or LPR parent.
• Petitioning Parent: Abused by a U.S. citizen son or daughter (who is 21 or older).

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 Form I-360, 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 this 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 get an immigrant visa or an adjustment of status to become a green card-holder.

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). 
Contact a local immigration attorney for legal advice and to understand your immigration options.