The VAWA Visa (associated with the Violence Against Women Act) is a crucial opportunity for survivors of abuse by U.S. citizens or lawful permanent residents to regularize their immigration status without the knowledge, consent, or participation of the abuser. This humanitarian visa allows survivors to seek safety and independence from their abusers.

WHAT IS THE VAWA VISA?

Congress passed the Violence Against Women Act in 1994 and its subsequent reauthorizations to offer non-citizens who have been abused by their U.S. citizen or lawful permanent resident family members the ability to file a self-petition for immigrant classification without the abuser’s knowledge. This allows survivors to seek both safety and independence.

BENEFITS OF THE VAWA VISA

1. Legal residence in the United States: Survivors can stay in the U.S. safely and legally while rebuilding their lives.
2. Employment authorization: Allows for legal work in the U.S.
3. Access to benefits and services: Survivors can access federal and state benefits and services.
4. Possibility of permanent residence: Those who qualify can adjust their status and become lawful permanent residents (obtain a Green Card).
5. Protection against deportation: Offers protection against deportation for victims of serious abuse.
6. Access to support services: Includes legal, medical, and reintegration services.
7. Opportunity to participate in the community: Allows contributing to the community as a legal resident.

ELIGIBILITY FOR THE VAWA VISA

You may be eligible for a VAWA Visa if:

1. You are (or were) an abused spouse of a U.S. citizen or lawful permanent resident: You can include your unmarried children under 21 years old who have not filed their own petition.
2. You are an abused parent of a U.S. citizen over 21 years old: You can file a petition for yourself.
3. You are an abused child under 21 years old, unmarried, and have been abused by your U.S. citizen or lawful permanent resident parent: Your children can also be included in your petition. You can file a petition for yourself as a child until you are 25 years old if you can demonstrate that the abuse was the main reason for the delay in filing.

EXAMPLES OF QUALIFYING ABUSE

Abuse may include, but is not limited to:

1. Threats to call immigration or never help to regularize your immigration status.
2. Threats to call the police and file false charges against you.
3. Extreme insults and offenses.
4. Yelling and intimidation through looks, body language, and other actions.
5. Destruction of your property, such as a cell phone, car, walls, or doors.
6. Demands for money accompanied by yelling, insults, or threats if the demand is not met.
7. Control of your interactions with family and friends, including excessive phone calls.
8. Insistence on making video calls to verify your location.
9. Installation of GPS devices on your phone, car, or home.
10. Forcing you to put the phone on speaker during calls.
11. Control of your money and not allowing you to spend or spending your money without your permission.

HOW TO APPLY

The VAWA Visa application process can be complex and lengthy. It is crucial to have the help of one of our immigration attorneys to have the best chance of success.

GETTING HELP

Help and support are available for domestic violence victims through the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance and support, and the website has information about local resources, shelters, medical and mental health services, legal help, and other types of assistance. For more information, visit the National Domestic Violence Hotline website.