Violence Against Women Act (VAWA) allows women, men, and children who are victims of violence by some U.S. citizen or permanent resident relatives to petition for legal status in the United States. This benefit could lead to legal permanent residency.
Eligibility: You may be eligible to apply for legal status under VAWA if:
- You or your child were abused by your spouse and your spouse is a US citizen or green card holder
- This includes former spouses, as long as the relationship was terminated within 2 years of filing the VAWA Self-petition
- You were abused by your parent (including step-parent) and he/she is a US citizen or green card holder
- Note that abused children must generally be under 21 years of age to apply. However, if they are between 21 and 25, they could still pursue a case under certain circumstances.
- You were abused by your US citizen child (and your child is at least 21 years old)
What is considered abuse under VAWA? The law requires that the abused individual was a victim of battery or extreme cruelty. Thus this not only covers physical abuse, but also emotional, financial, and verbal abuse, as well as manipulation, threats, and other similar behaviors as long as they raise to the level of extreme cruelty.
There are strong protections for domestic violence survivors, including strict confidentiality rules to protect their information. In most cases, the granting of a VAWA allows an immigrant to pursue a green card. In some cases, their minor children can also be protected. VAWA beneficiaries have strong protections and are generally allowed to remain in the United States (even if they cannot get a green card). The best part? There are many situations that would generally disqualify family-based beneficiaries from obtaining a green card, but that are usually not a problem for VAWA petitioners.
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