Violence Against Women's Act also known as "VAWA" provides protection to abused family members. Abuse victim spouse and children of the U.S. Citizen or of Lawful Permanent Resident can obtain lawful immigration status for themselves without having to depend upon their abusive family member. VAWA protection is equally available to both men and women!
Spouse or partner, children, and parents, who suffer extreme hardship due to physical, emotional or economic abuse at home, by the abusive U.S. citizen or permanent resident family member qualify for lawful immigration status as victims of abuse.
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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.
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.
A well prepared VAWA application can be filed as an original filing or can be initiated as a part of the family based application. USCIS is usually considerate of the hardship of such victims when the claims are genuine. VAWA applicant can receive deferred action whoch means the foreign national is considered a lower priority for removal and is granted employment authorization. Vawa claim can also be raised before the immigration Court to cancel removal from the United States.
TIMING
Death of the abuser or divorce from the abusive spouse does not extinguish VAWA claim. However, when marriage to the abuser terminates by divorce, the benefit if not timely sought, would extinguish.
Got Questions? Call the attorney at (317) 660-6174 anytime!