Things you need to know about VAWA

July 23rd, 2024 upmubanii Posted in Uncategorized | No Comments »

Things you need to know about VAWA

The Violence Against Women Act (VAWA) creates and supports responses to domestic violence and sexual assault. This Act gives victims the opportunity to become lawful permanent residents in certain cases.

Do you want to know more?

Below you will find some answers to common questions that arise when it comes to this immigration relief.

Who is eligible for VAWA?

A VAWA applicant is an individual who is the victim in a domestic violence scenario. While VAWA is thought to be for immigrant women, this is not compeletly true. In fact, even men or children who are being abused or face domestic violence can apply for VAWA.

Criteria you have to meet in order to apply for VAWA:

• Being the abused spouse of a U.S. citizen (USC) or legal permanent resident (LPR)
• Being the child of a USC or LPR who is being abused by his parent
• Immigrants who are victims in abusive households or relationships and the spouses are USC or LPR.

It is important to highlight that physical violence is not the only type of abuse. Domestic abuse is defined by the United Nations as “behavior in any relationship that is used to gain or maintain power and control over an intimate pattern.” There are different ways abuse is inflicted in such a way that the abuser takes control of the relationship, such as:

• Psychological
• Intimidation
• Isolation
• Economic/financial control
• Intimidation
• Rape or sexual assault
• Physical abuse 

Evidence Needed for a VAWA Immigration Case

If you wish to self-petition under VAWA, you need to gather some evidence to send along with the form that your attorney will help you complete and submit.

Evidence you will need to self-petition under VAWA:

• Evidence of the relationship you have with the abuser
• Evidence of the status of your abuser (U.S. citizen or LPR)
• A moral character letter
• A criminal background check
• Proof showing that you and the abuser lived in the same residency
• Evidence that you married the abuser in good faith
• Proof of the abuse (a police report is not a requirement)

If you are going through an abusive situation, you should know that you are not alone. VAWA exists for cases like yours. If your spouse took away your documents and is threatening to deport you or call ICE that is also considered violence.

Have more questions?

It is important to speak to an experienced immigration attorney. You may be eligible for VAWA. Nevertheless, it is vital to discuss your options with a lawyer before you file any document or give up on your case.

The Law Offices of Uzoma Ubanii PLLC