What is VAWA and do I qualify?

What is VAWA and do I qualify?

If you think you may qualify for VAWA, call us today at (619) 746-8879

VAWA stands for the Violence Against Women Act, which was created to address a widespread problem of abused non-citizens who decided to stay with their abusers since they held a key role to the victim obtaining lawful immigration status in the United States.

Through VAWA, the abused person can submit self-petition on their own behalf. It frees the victim from having to rely on the abuser’s cooperation and proceed with the family-based immigration process.

How to know if you are eligible for VAWA

VAWA self-petitions can benefit abused men, women, children and parents and also spouses. The requirements are:

• They are the abused spouse or
  child of a US Citizen or Legal Permanent Resident or an abused parent of a US
  Citizen son or daughter;
• The abuser was a US Citizen or
  Legal Permanent Resident;
• They were the victim of battery or
  extreme cruelty;
• They resided with the abuser in
  the United States at some point;
• They can demonstrate good moral
  character;
• Self-petitioning spouses must show
  they entered into the marriage in good faith.

In addition, this relief requires the petitioner to show they had a familial relationship with the abuser and that he or she had status.

The abuser may lose their status because of the abuse and if this is the case, the self-petitioner can still qualify as long as they submit their petition within two years of the abuser’s loss of status.

As for children, a child is considered an unmarried person under the age of 21 and he or she does not have to be under the abuser’s legal custody to self-petition. A parent of an abused child may also file for self-petition and they will need to show that the qualifying relationship existed at the time of the abuse and at the time of filing.

What constitutes battery and extreme cruelty?

To qualify for VAWA, the applicant must show s/he was the victim of battery or extreme cruelty. However, there is not a list of factors that determine what is considered as such. Abuse has a flexible definition that can include things such as physical and sexual abuse, as well as economic coercion.

Battery can include, but is not limited to, an act of violence that results in injury and also violent threats. Some examples of battery and extreme cruelty are social isolation, accusations of infidelity, incessantly calling, writing or contacting the victim, interrogating the victim’s friends, threats, economic abuse, degrading the victim.

How to obtain a Green Card as a VAWA self-petitioner

Under VAWA you may be eligible to obtain a Green Card and become a lawful permanent resident if you qualify as a victim of battery or extreme cruelty committed by someone that meets the descriptions explained above.

We understand that petitions like these may be confusing and overwhelming but this is why an immigration lawyer should assist you throughout the entire process. Kannan Law in California is more than ready to offer you guidance regarding your immigration in this state. Contact us today for an appointment.

Please be sure to constantly check the USCIS webpage on this issue for any recent updates as immigration laws are constantly changing.