The Violence Against Women Act (VAWA) provides a vital legal pathway for victims of domestic abuse to seek protection and independence, regardless of their immigration status. Unlike traditional immigration law, which requires U.S. citizens or lawful permanent residents (LPRs) to petition for family members’ legal status, VAWA allows individuals to self-petition for immigrant status. This means that victims of abuse can gain legal independence from their abusive family members, such as a spouse, parent, or child, who is a U.S. citizen or LPR.
As the VAWA self-petition process is designed to protect your privacy and safety, your abuser will not be notified.
Who Qualifies for VAWA?
While not everyone is eligible for VAWA protections, the following criteria determine whether you may qualify:
- Qualifying Relationship
The self-petitioner must have a qualifying relationship with an abusive U.S. citizen or LPR relative. This includes being the:
- Spouse, intended spouse, or former spouse of a U.S. citizen or LPR;
- Child of a U.S. citizen or LPR;
- Parent of a U.S. citizen child who is 21 years of age or older.
- Experience of Abuse
The self-petitioner must have been subjected to battery or extreme cruelty during the relationship. Abuse can be physical, emotional, or psychological and may include physical violence, threats, sexual assault, or controlling behavior such as isolation, intimidation, or manipulation.
If you believe you meet the above criteria, here are the additional eligibility requirements:
- Shared Residency
- Good Moral Character
- Bona Fide Marriage (For Spouses Only)
How to Prove Your VAWA Eligibility
To prove your eligibility for VAWA, the documentation required depends on your relationship to the abuser. Here’s what you’ll need to provide based on your category:
For Spouses Self-Petitioning for VAWA
- Evidence of Abuse
Provide proof that you were victimized by battery or extreme abuse by a family member. This could include:
- Police reports
- Medical records
- Affidavits from family or friends
- Any other supporting documentation
- Proof of Marriage
You must prove the legitimacy of your marriage to a U.S. citizen or lawful permanent resident (LPR). Acceptable documents include:
- Marriage certificates
- Joint financial documents
- Other records that show the authenticity of your marriage
- Proof of Abuser’s Status
Additionally, you must prove that your abuser lost their protected resident status due to domestic abuse convictions within two years before filing the VAWA petition.
For Unmarried Children or Stepchildren Under 21 Years Old
- Evidence of Abuse
As with spouses, you must provide proof that a parental figure victimized you through battery or extreme abuse. Acceptable evidence includes:
- Police reports
- Medical records
- Affidavits from family or friends
- Any other supporting documentation
For Parents of U.S. Citizen Children
- Evidence of Abuse
You must provide proof that your U.S. citizen child victimized you through battery or extreme abuse. Similar to the other categories, proof may include:
- Police reports
- Medical records
- Affidavits from family or friends
- Any other documentation supporting your claims of abuse
Can You Include Derivatives in Your Petition?
When submitting a VAWA petition, applicants can include certain family members to extend protection from an abuser. Self-petitioners may include their children and stepchildren under 21 years of age as derivatives. However, parents of abusive U.S. citizens or lawful permanent residents cannot include derivative beneficiaries in their petition.
If approved, derivatives receive the same immigrant classification and priority date as the petitioner and can apply for a green card when visas are available.
Benefits Available to VAWA Recipients
VAWA provides critical protections, safeguards, and benefits for victims of domestic abuse. Approved VAWA petitioners receive :
- Protection from Deportation
- Employment Authorization
- Green Card Eligibility
VAWA Exceptions: Overcoming Challenges in Your Petition
The VAWA petition process is designed to be flexible, recognizing that every case is unique. In some situations, specific requirements can be waived to help victims of abuse access protection and a better future.
- Waivers for Certain Inadmissibility Issues
If you’ve been previously deemed inadmissible to the U.S. for reasons like unlawful presence, you may still be eligible for VAWA. Certain inadmissibility issues can be waived, allowing you to seek safety and stability in the U.S. despite past immigration challenges.
- Flexibility for Child Petitioners
While child petitioners typically need to be under 21, exceptions can be made for children between 21 and 25. If your VAWA petition was delayed due to domestic abuse, the age requirement may be waived, helping you move forward with your petition.
- No Need to Live with Your Abuser
You don’t have to still live with your abuser to apply for VAWA. If you’ve escaped an abusive situation, you can still file for VAWA as long as you can show you lived with your abuser in the past.
- Eligibility Even After the Abuser’s Status Changes
In certain case circumstances, abuse survivors may be eligible for VAWA even if their abusive family member died, lost their protected status as a citizen, or lost their status as a lawful permanent resident.
If you think you may qualify for VAWA or need help navigating the petition process, our experienced team is here to assist you. At Lefebvre Michel, PLLC, we are committed to offering compassionate, expert support to those facing challenging situations. We will work alongside you to ensure your application is complete and your rights are fully protected. Contact us today to schedule a consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws and policies are subject to change, and individual cases may vary. Consult with Lefebvre Michel, PLLC, to discuss your specific situation and receive personalized guidance.