The Violence, against Women Act (VAWA) serves as a support system for individuals facing violence offering a beacon of hope and a route to safety for victims. This significant law enables those who have suffered abuse within relationships to apply for a visa without the knowledge of their abusers granting them the chance to break free from harm and establish independence.
VAWAs protections encompass both women and men acknowledging that anyone can fall prey to violence. Notably the perpetrator remains unaware of the victims pursuit of immigration benefits through VAWA safeguarding their well being and shielding them from retribution.
The National Domestic Violence Hotline, reachable at 1 800 799 7233 or 1 800 787 3224 (TDD) plays a role in assisting survivors of abuse. This hotline offers services such as information, on shelters, mental health support, legal counsel and other forms of aid. It also provides guidance on navigating the immigration process and applying for immigration status under VAWA.
Eligibility, for VAWA; Qualifying Relationships
Under the Violence Against Women Act (VAWA) individuals in relationships can seek protection and support;
1. Spouses; If you have been a victim of abuse by a U.S. Citizen or lawful permanent resident spouse you have the option to submit a petition for yourself. Moreover unmarried children below 21 years old who have not submitted their petitions can be included in your application.
2. Parents; If your child has faced abuse from your U.S. Citizen or permanent resident spouse you are eligible to file for yourself. This petition can also cover your children even if they haven't experienced abuse and haven't filed independently. Additionally as a parent of a U.S. Citizen who has been mistreated by your U.S. Citizen child you are entitled to apply for immigration benefits.
3. Children; Unmarried children under 21 years old who have been abused by their U.S. Citizen or lawful permanent resident parent can seek relief through their petition. They also have the option to include their children in the application process. In situations individuals over 21 but under 25 can demonstrate that abuse was the reason for delays in filing.
Requirements, for Obtaining a Green Card Through VAWA
To qualify for a card, as a victim of violence under VAWA you must meet the following conditions;
You are married to an abuser who is either a U.S. Citizen or a permanent resident. Alternatively if your marriage ended in the two years due to abuse related reasons like death, divorce or abuse itself you are eligible.
If your abuser gave up their U.S. Citizenship or permanent resident status in the two years because of violence you qualify.
If you believed you were legally married to your spouse who's a U.S. Citizen or permanent resident but later found out they were already married (bigamy) you can apply.
Apart from these criteria you must also fulfill the following requirements;
You have suffered abuse from your U.S. Citizen or permanent resident spouse while in the United States.
You have been subjected to abuse by your U.S. Citizen or permanent resident spouse abroad when they were working for the U.S. Government or as part of the services.
Your marriage was genuine and not solely, for immigration purposes.
You have lived with your spouse.
You have shown character.
The Violence Against Women Act (VAWA) presents an opportunity, for those who have endured violence offering them a lifeline to safety and independence. By empowering survivors to seek help it opens doors to a future. To kickstart the process individuals need to fill out Form I 360, known as the Petition for Amerasian, Widow(er) or Special Immigrant and submit it along with all required documents to the Vermont Service Center (VSC). Upon meeting all criteria survivors receive confirmation of their eligibility for benefits linked to domestic violence.
Moreover survivors holding approved Form I 360 petitions. Lacking legal immigration status may receive action enabling them to stay in the U.S. They can also seek employment authorization by applying through Form I 765, the Application for Employment Authorization, which paves the way for autonomy.
For those meeting eligibility requirements obtaining a card becomes an option that leads towards permanent residency. Children of survivors listed on approved Form I 360 petitions may also qualify for a card ensuring their well being and stability.
VAWA goes beyond being legislation; it serves as a ray of hope, for those who have silently endured hardships and challenges.
This update has been shared by immigration lawyer Moses Apsan.
Having, than four decades of experience in immigration matters he is available to help with any issues related to immigration. You can reach out at (888) 460 4600 for a consultation or a second perspective. Attorney Apsan is committed to supporting survivors of violence and offering advice, on the pathways offered by VAWA.
