VAWA and Domestic Violence Visa
The VAWA (Victims Against Women’s Act) allows victims of domestic violence obtain an immigration status in the United States or defend themselves in the event of deportation.
VAWA stands for Violence Against Women Act. Under this federal act, you may be eligible to become a lawful permanent resident if you are a victim of battery or extreme cruelty committed by your U.S. citizen spouse, parent, or cohabitant. The law protects men, women, and children alike.
Unlike the U Visa, VAWA does not require the victim to file criminal charges against the abuser, or to call the police in order to be eligible for the VAWA visa. If granted, the victim and their derivative children could obtain temporary legal status, a work permit, and a path to permanent residence for some people.
Who can obtain a status under the VAWA visa?
- Spouses of American Citizens
- Spouses of permanent residents
- Minor children of American citizens
- Minor children of permanent residents
- Parents of citizen children over 21 years of age
VAWA applies also if you have a citizen child who abuses you
Many times the abuse comes from those we least expect, like for example our own children. The difficult burden of raising a child in two different cultures can lead to rebellious attitudes towards parents, as they do their best to instill new values in them without neglecting what was taught at home. In some other cases, raising children in homes where there’s not an appropriate father figure or mother figure for guiding and teaching these kids how life should be lived causes the children to rebel and begin to adopt abusive attitudes towards the person in charge who has to deal with home and children’s education on their own.
The VAWA Visa helps parents who have been victims of extreme cruelty by their children to obtain immigration status and protection against deportation.
Requirements to qualify as a victim of a US Citizen or Resident Spouse
- Be married to the abusive citizen or resident
- Have lived with him or her
- Possess good moral character
- If you have already been divorced or the abusive spouse has passed away, it must not have been more than 2 years
- Having suffered more than one isolated incident of physical or psychological abuse
VAWA for Spouses of US Citizens and Legal Permanent Residents
Victim's children and spouses may qualify
VAWA law allows certain spouses and children of residents or citizens to petition for themselves to obtain immigration status without the abusive family member finding out. This allows their victims to seek safety and independence from the abuser who is prevented by law from being notified that their victim is applying for immigration status.
The new VAWA law aims to protect the rights of men and women equally. Domestic violence does not always occur with blows, psychological abuse is also very common in a time where abusers are able to use their power over someone else by isolating them from friends or family members who would be more likely to help. Abusers can control victims economically through manipulation like never allowing them access money for rent or food as well as verbally abusing people until they feel worthless themselves.
The Violence Against Women Act (VAWA) states that domestic violence occurs beyond physical aggression. Violence can also be present in different ways such as emotional and economic manipulation, isolation from victim’s families and friends, denial to help the victim resolve their status immigration, humiliation, insults, etc. It is important to remark that the VAWA law applies the same for men as for women, without distinction.
The VAWA visa can help parents who have been victims of extreme cruelty by their children to obtain immigration status and protection against deportation, as it was said before.
