What is VAWA Immigration Protection
Violence Against Women's Act (VAWA) provides protection to abused family members of U.S. citizens and lawful permanent residents. Eligible victims may obtain lawful immigration status for themselves without having to depend upon their abusive family member.
VAWA protection is gender neutral and is equally available to both men and women.
Who Qualifies for VAWA Relief
Abused spouse or partner,
Abused children,
Abused parents of adult U.S. citizens
Types of Abuse Recognized under VAWA
- physical,
- emotional,
- psychological,
- sexual or
- economic
A victim does not need to prove extreme physical violence. Patterns of control, threat, isolation, humiliation or economic coercion may qualify.
Immigration Protection without the Abuser
Vawa applicant may self-petition without relying on the abusive family member. This protection exists because the abuser often uses foreign national's immigration status as a tool of control.
Immigration Benefits available under VAWA
- Employment authorization (work permit)
- Deferred Action
- Lawful Permanent Residence (Green Card)
- VAWA Cancellation of Removal in Immigration Court
Why Many Victims Do Not come Forward
Most abuse victims are too afraid and ignorant to seek protection! They do not come out to seek immigration protection afforded them by law and suffer in silence. Fear and ignorance leads the victim to stick to the abusive family member and endure the abuse in silence. Afraid of the abuser victims never come forward to seek VAWA benefits because of lack of awareness of the benefit and partly because of fear of threat of deportation and too many instances of abuse go unreported. Regardless, it is possible to seek VAWA based green card and employment authorization.
When Abuse Escalates
The abusive conduct, frequently, surfaces at the time of filing paperwork for immigration benefits and peaks at the time of USCIS interview because the abuser feels loss of control over the victim once the permanent resident status is granted. This is exactly why Immigration Law provides for the protection of victims of abuse.
VAWA Filing Options
- Stand alone original application, or
- Follow up application after initiating marriage based immigration
- Deferred action and Employment Authorization in
- Cancellation of Removal before the Immigration Court
- U visa if abuse constitutes a qualifying crime and if law enforcement certification can be obtained. Learn about U visa
- USCIS is usually considerate of the hardship of such victims when the claim of abuse is genuine.
Timing Rules Under VAWA
VAWA protection does not automatically end upon the
- Death of the abuser or
- divorce from the abusive spouse.
However, strict timing rules apply. If the marriage with the abuser ends in divorce, vawa self-petition must be filed within 2 years, or the eligibility would be lost.
VAWA cases have recently been subject to additional scrutiny because of increase in the volume of fraudulent VAWA claims. Careful legal strategy and documentation with sensitivity towards trauma can make a critical difference.
Frequently Asked Questions (VAWA)
A VAWA self-petition allows an abused spouse, child, or parent of a U.S. citizen or lawful permanent resident to apply for immigration benefits without the participation or knowledge of the abusive family member. The application is filed directly by the victim.
Yes. VAWA protections are gender-neutral. Both men and women may qualify if they meet the legal requirements and can demonstrate abuse by a qualifying U.S. citizen or lawful permanent resident family member.
No. A police report or criminal conviction is not required. USCIS accepts many forms of evidence, including personal affidavits, medical records, counseling records, witness statements, and other credible documentation showing abuse.
Yes. Many VAWA applicants may qualify for an Employment Authorization Document (EAD), either through deferred action or after filing for adjustment of status, depending on eligibility.
VAWA recognizes more than physical violence. Emotional, psychological, sexual, and economic abuse, as well as patterns of coercive control, threats, isolation, or intimidation, may qualify.
Yes. VAWA relief can be raised in Immigration Court, including as a basis for VAWA cancellation of removal, if statutory requirements are met.
No. Divorce does not automatically bar a VAWA claim. However, if the marriage to the abusive spouse has ended, the VAWA self-petition generally must be filed within two years of the divorce, or eligibility may be lost.
Yes. VAWA cases are protected by strict confidentiality laws. USCIS and the Immigration Courtd are prohibited from disclosing information to the abusive family member.
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