VAWA Guide: Key Things You Need to Know About the Violence Against Women Act
Overview of VAWA
The Violence Against Women Act (VAWA) is a specialized law that enables spouses and children of abusive U.S. citizens or lawful permanent residents to independently apply for a green card. Despite its name, you do not have to be a woman to be eligible for VAWA; both men and women may qualify.
Key Highlights
- Self-Petitioning: Applicants can seek a green card without their abusive spouse’s assistance.
- Eligibility: Open to both men and women.
- Specific Requirements: Applicants must meet certain criteria set forth by VAWA.
Advantages of VAWA
VAWA is a crucial resource for those trapped in abusive relationships with U.S. citizens or lawful permanent residents. Typically, applying for a green card through marriage requires the U.S. citizen or resident spouse to file the immigrant petition and sign off on it. This poses a challenge if that spouse is abusive, as they may use their power to control and manipulate their partner.
With VAWA, abused spouses and children can self-petition for their green card without relying on their abuser. This independence allows them to file the petition on their own terms, helping them escape toxic relationships.
Benefits of VAWA Include:
- Self-Petitioning: File for a green card without the involvement of the abusive spouse.
- Immigration Benefits for Children: Include your children as derivative beneficiaries, even if they are not biologically related to the abuser.
- No Sponsorship Required: Take control of your immigration process and break free from the abusive relationship.
To qualify as a derivative beneficiary, your child must be unmarried and under 21 years old when the VAWA petition is filed, ensuring safety for families affected by abuse. VAWA protects not only spouses but also children, parents, and intended spouses in abusive situations.
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VAWA Requirements
To qualify for VAWA protection, you must meet the following conditions:
Marriage to a U.S. Citizen or Lawful Permanent Resident:
- Must be in a good-faith marriage (not solely for immigration benefits).
- Intended marriages may qualify, even if not formally legitimized.
- Terminated marriages may qualify if they ended within two years due to abuse.
Parent-Child Relationship
You must establish a parent-child relationship with the abuser.
Residence
Requirement
- Must be a resident of the United States when submitting the VAWA petition.
- If not residing in the U.S., you need to demonstrate that the abusive U.S. citizen or lawful permanent resident was a member of the uniformed services or an employee of the government or that they subjected you or your child to severe abuse while in the country.
- Must have lived with the abusive U.S. citizen or lawful permanent resident at some point, though not necessarily at the time of filing.
Citizenship Status of the Abuser
The abuser must be a U.S. citizen or lawful permanent resident.
You may still be eligible for VAWA benefits even if the abuser is no longer in the country, provided you file the petition within two years of the abuser losing their status due to the abuse.
Proof of
Abuse
Must demonstrate that you suffered battery or extreme cruelty from the U.S. citizen or lawful permanent resident spouse or parent, which can include psychological abuse, rape, incest, forced prostitution, and threatened acts of violence.
Good Moral Character
- You must prove that you are and were a person of good moral character for the three years prior to submitting the VAWA petition.
- Typically, tax returns, police clearances, and/or statements from acquaintances are provided as evidence.