Understanding the Violence Against Women Act (VAWA): Protecting Immigrant Victims of Abuse

The Violence Against Women Act (VAWA), enacted in 1994, was a landmark step in addressing domestic violence, sexual assault, and stalking across the United States. For many immigrant victims, VAWA stands as a vital resource, providing a way to seek protection and legal assistance. The law enables certain abused immigrants to apply for immigration benefits independently, without the support or knowledge of their abuser, often a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This path to security offers many immigrants the opportunity to break free from abusive situations, ensuring they and their families are safe. Here’s what you need to know about VAWA and how Vasiliou Law can help.

What is VAWA, and Who is it For?

Under VAWA, immigrants who are spouses, children, or parents of U.S. citizens or LPRs may qualify for legal status without their abuser’s assistance. VAWA’s provisions are not limited to women; despite the name, they cover all genders. The act was designed to address common forms of abuse, which can be physical, sexual, emotional, financial, or psychological, that an immigrant might suffer at the hands of a close family member.

Victims often face unique challenges, as they may fear deportation or other consequences if they report abuse. Abusers sometimes leverage this fear, threatening to withdraw sponsorship or reporting victims to immigration authorities. VAWA addresses this power imbalance by allowing victims to petition for their own status independently. This process is known as “self-petitioning” and can lead to an eventual pathway to citizenship.

Who Can Qualify for a VAWA Self-Petition?

VAWA applies to:

• Spouses of U.S. citizens or LPRs: If you are or were married to a U.S. citizen or LPR and experienced abuse or extreme cruelty during your marriage, you may qualify. Even if you’re divorced, you may still apply if the divorce occurred within two years of filing due to abuse.
• Children of U.S. citizens or LPRs: If you are under 21 and have suffered abuse or extreme cruelty from a U.S. citizen or LPR parent, you may qualify. Additionally, children of abusive U.S. citizen or LPR parents can self-petition under VAWA without parental consent.
• Parents of U.S. citizens: Parents who have experienced abuse from a U.S. citizen child may be eligible for VAWA protections.

The VAWA Process: What to Expect

Filing a VAWA self-petition involves submitting Form I-360 to U.S. Citizenship and Immigration Services (USCIS). As the petitioner, you’ll need to demonstrate that:

1. You have a qualifying relationship with a U.S. citizen or LPR abuser.
2. You have experienced abuse or extreme cruelty.
3. You lived with the abuser.
4. You are a person of good moral character.

Once USCIS approves the VAWA petition, applicants who do not yet have lawful status can pursue an adjustment of status to become a lawful permanent resident, as long as they meet additional eligibility requirements. VAWA protections also include work authorization, which allows survivors to work legally in the U.S. during the process.

Why Working with Vasiliou Law is Important

Navigating the VAWA self-petition process can be complex, and gathering evidence of abuse can be emotionally challenging for victims. At Vasiliou Law, we understand the unique struggles faced by immigrant survivors and approach each case with sensitivity and compassion. With over 40 years of combined experience, our team is well-versed in VAWA and the various forms of documentation USCIS may accept to demonstrate abuse, including police reports, medical records, or affidavits from friends and family.

Our role is to guide you every step of the way, ensuring that your application is thoroughly prepared and accurately filed. We also assist with any additional steps, such as applying for work authorization or filing for an adjustment of status.

Moving Forward with Safety and Confidence

At Vasiliou Law, we are committed to empowering survivors of abuse to pursue a life free from fear and control. VAWA is a powerful tool, enabling immigrants to reclaim their independence and secure a stable future in the United States. If you or someone you know could benefit from a VAWA self-petition, reach out to us for a confidential consultation. We are here to support you with compassionate expertise, ensuring your rights and well-being are protected every step of the way.

For more information, please visit our website at www.svlawpartners.com or call us at 347-967-6141.