When Can Immigrants Receive Protection Under the Violence Against Women Act?

 Posted on January 17, 2022 in Immigration

Foreign citizens who live in the United States may face a number of different situations that can affect their legal status, and they may be concerned about the possibility of deportation. Because of this, some victims of abuse may be reluctant to come forward and report these issues to law enforcement. However, those who have suffered abuse may have options that will allow them to avoid deportation and maintain legal status in the United States. The Violence Against Women Act (VAWA) provides protections in these cases, and it may allow victims to receive Green Cards and ensure that they will not be required to leave the U.S.

Who Qualifies for VAWA Protections?

While the title of the Violence Against Women Act indicates that this law applies to women, it also provides protections for anyone who has suffered abuse, including men, children, or people who are transgender or non-binary. A person may apply for a Green Card through VAWA if they were abused by a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.

To be eligible for VAWA protections, a person must demonstrate that they have a qualifying relationship with their abuser. An applicant may be married to a U.S. citizen or Green Card holder, or they may file an application within two years after the termination of their marriage through divorce or death. Children may also qualify if they were abused by a parent who was a U.S. citizen or lawful permanent resident, and parents may qualify if they were abused by a U.S. citizen or Green Card holder child who is at least 21 years old at the time when an application is filed.

A person who applies for VAWA protections is known as a self-petitioner, since they will not be required to obtain sponsorship for immigration from a family member or employer. A self-petitioner will need to demonstrate that they have suffered battery or other forms of extreme cruelty, and they may need to provide details about the forms of abuse that occurred, such as dates when incidents of abuse that took place, descriptions of their injuries, and supporting documentation such as medical records or police reports. A person will also need to show that they are of good moral character, including submitting police clearance records or criminal background checks.

Contact Our Orange County VAWA Self-Petitioner Attorneys

If you are an immigrant who has been the victim of abuse, you will want to determine the steps you can take to ensure that you will be protected from harm and that you will be able to continue living in the United States. Vasquez Law Firm, PLLC can help you submit the proper applications and documentation to receive protections under the Violence Against Women Act, and we will help you address any issues that may arise during your case. Contact our Orlando Green Card lawyers today at 407-955-5000 to arrange a complimentary consultation.

Sources:

https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents

https://www.uscis.gov/humanitarian/battered-spouse-children-and-parents/questions-and-answers-battered-spouses-children-and-parents-under-the-violence-against-women-act

https://www.law.cornell.edu/cfr/text/8/204.2