The Violence Against Women Act (VAWA) is a crucial piece of legislation in the United States designed to address and combat gender-based violence. First enacted in 1994, VAWA provides essential legal protections and remedies for victims of domestic violence, sexual assault, and stalking. The law has been renewed and expanded several times, strengthening its reach and effectiveness in ensuring safety and justice for affected women.
The Violence Against Women Act (VAWA) allows victims of domestic violence to file green card petitions on their own behalf. This law was designed to address a specific problem in the marriage-based green card process, which can create a dangerous power dynamic when a U.S. citizen or lawful permanent resident spouse is abusive.
In many situations, the abusive spouse uses their control over the victim's immigration status as a tool of manipulation and coercion. Threats such as calling immigration authorities to deport the victim or refusing to file a green card application are common tactics that perpetuate the violence and abuse. These actions leave the victim without immigration status, forcing them to remain with their abuser for fear of legal consequences and deportation.
The goal of VAWA is to address this problem by eliminating the requirement that the abusive spouse sponsor the green card application. This way, victims can apply for a green card independently, without the intervention or approval of the abusive spouse. This gives victims a safe and legal path to escape abuse and establish an independent life in the United States.
VAWA provides crucial and empowering protections for victims of domestic violence, ensuring they can seek the safety and stability they deserve without the constant fear of retaliation related to their immigration status. This law represents a significant step forward in the protection and rights of victims of gender-based violence.
Who Does VAWA Apply To?
Although the legislation is called the Violence Against Women Act, the immigration protections and benefits apply to both men and women, and apply to individuals in both same-sex and opposite-sex relationships. Under certain circumstances, VAWA will also apply to parents or children who have been abused by a U.S. citizen or green card holder. Additionally, VAWA benefits are also available to battered spouses and children of Cuban Adjustment Act, HRIFA, and NACARA beneficiaries.
VAWA Eligibility Requirements
To demonstrate eligibility for VAWA, you must provide the U.S. Citizenship and Immigration Services with the following:
Although cases with evidence of physical abuse are considered “stronger,” the extreme cruelty requirement can be met with evidence of other types of abuse.
The impact of divorce and remarriage on a VAWA case
If you and the abusive spouse have divorced, you should speak with a VAWA attorney and file the VAWA self-petition within two years of the divorce. If you file later, you will not be eligible for VAWA. Remarrying before completing the self-petition process also disqualifies you.
How a Violence Against Women Law Attorney from the Vivian N. Szawarc Law Offices of Los Angeles Can Help
VAWA is an extremely useful immigration tool and can change your life. Answer a few questions below and see if you qualify for a free case evaluation.