The Violence Against Women Act (VAWA) is a piece of legislation passed in 1994 in the United States to provide protection and resources to victims of domestic violence, sexual abuse, and other types of gender-based violence. Although its name focuses on women, this law also protects men and people of all gender identities who are victims of abuse.

Protection for immigrant victims of violence

One of the most important aspects of VAWA is that it offers a path for victims of domestic violence to obtain legal immigration status without depending on their abuser. This is especially relevant for people who are married to U.S. citizens or permanent residents and have suffered abuse within the relationship.

Who can apply for immigration benefits under VAWA?

The following people can file a self-petition under VAWA without their abuser knowing:

Spouses and children of U.S. citizens or permanent residents who have been victims of abuse.

Parents of U.S. citizens who have suffered abuse or extreme cruelty from their children.

If the petition is approved, the applicant can obtain legal immigration status, a work permit, and eventually permanent residence (Green Card).

Requirements to apply for VAWA

To file a petition under VAWA, certain requirements must be met, such as:

Demonstrating the relationship with the abuser (being the spouse, child, or parent of a citizen or resident).

Evidence of the abuse or mistreatment (this may include medical reports, witness statements, police records, or personal testimony).

Proving that the relationship was bona fide (in the case of spouses, showing that the marriage was not for immigration reasons).

Demonstrating good moral character may include evidence such as a clean criminal record.

VAWA Benefits for Applicants

Independence from the abuser: The victim can file her petition without her abuser having control over her immigration status.

Access to a Green Card: If the petition is approved, the beneficiary can adjust her status to lawful permanent resident.

Protection from deportation: In many cases, people under VAWA can avoid being removed from the country while their application is being processed.

VAWA is a crucial tool to protect victims of domestic violence, allowing them to obtain safety and stability in the United States without depending on their abuser. If you believe you are eligible for this benefit, do not hesitate to contact us so we can help you.