Abusive Spouse based Green Card – VAWA

by | Apr 11, 2024 | IMMIGRATION LAW

The Violence Against Women Act (VAWA) is a piece of legislation in the United States that aims to provide protections and support for victims of domestic violence, sexual assault, stalking, and other forms of gender-based violence. One significant aspect of VAWA is its provisions related to immigration.

Under VAWA, certain immigrant victims of domestic violence or other qualifying crimes committed by a U.S. citizen or lawful permanent resident spouse, parent, or child can self-petition for lawful immigration status without the abuser’s knowledge or consent. This provision helps empower victims to seek safety and independence from their abusers without fear of deportation.

To be eligible to self-petition under VAWA, the individual must demonstrate that they meet certain criteria, including proving the qualifying relationship with the abuser, establishing that they have experienced abuse or extreme cruelty, and demonstrating good moral character. Additionally, they must meet other immigration requirements, such as admissibility to the United States.

VAWA also provides for certain immigration benefits for abused spouses and children of certain nonimmigrant visa holders, such as those on temporary work visas.

Overall, VAWA’s immigration provisions play a crucial role in protecting immigrant victims of domestic violence and other forms of gender-based violence, allowing them to pursue safety and stability in the United States independently of their abusers.

Please contact my office if you have more questions. (2130 388-1821

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