VAWA Guide: Comprehensive Overview of the VAWA

1. What is VAWA?

The Violence Against Women Act (VAWA) is a federal law designed to protect individuals who have experienced abuse. Despite its name, VAWA is not exclusive to women; both men and women can qualify for its benefits.

VAWA provides an opportunity for certain individuals to self-petition for a green card without needing the involvement of their abusive spouse or parent, provided specific criteria are met. Generally, this applies to individuals who are the abused spouse or child of a U.S. citizen or lawful permanent resident. We’ll explore these qualifications in detail below.

If you meet VAWA’s eligibility requirements, you may apply for permanent residency (a green card) independently, without the abuser’s cooperation. This process allows you to take control of your immigration case without relying on your abusive spouse to sponsor your application.

2. Benefits of VAWA

Ability to Self-Petition

Typically, when applying for a green card through marriage to a U.S. citizen or lawful permanent resident, the sponsoring spouse must file the immigrant petition on your behalf. This involves signing the necessary paperwork and acting as the official petitioner for your application.

However, in situations where the U.S. citizen or lawful permanent resident spouse is abusive, this dependency can lead to manipulation. An abusive spouse might threaten to withdraw the petition or use the immigration process to exert control over the victim. Recognizing this potential for abuse, Congress created VAWA to provide a pathway for victims to escape such situations.

The primary advantage of VAWA is that it enables the abused spouse or child to self-petition for their green card. This means you can independently file your immigration petition without requiring the participation or consent of the abusive spouse or parent.

Immigration Benefits for Children

Another significant benefit of VAWA is its inclusion of children as derivative beneficiaries. If you qualify to apply for a green card through VAWA, your children may also be eligible for green cards, even if they are not biologically related to the abuser.

To qualify, your child must be unmarried and under 21 years old at the time of filing the VAWA petition. This provision ensures that your children can benefit from the protection VAWA offers, helping to secure a safer future for your family.

3. Who is Eligible to Apply for VAWA?

There are five categories of individuals eligible to apply for VAWA:

1. Abused Spouse of a U.S. citizen or lawful permanent resident (LPR).
2. Spouse of a U.S. Citizen or LPR whose child has been abused by the U.S. citizen or LPR spouse.
3. Abused Child of a U.S. citizen or LPR.
4. Abused Parent of a U.S. citizen who qualifies as an “immediate relative.”

4. VAWA Requirements

To qualify for VAWA, several specific requirements must be met. Below, we provide a detailed explanation of these requirements.

Marriage to a U.S. Citizen or Lawful Permanent Resident

As the abused spouse of a U.S. citizen or LPR, you must demonstrate that you entered into the marriage in good faith. This means that at the time of the marriage, your intent was to build a life together. A marriage solely for immigration benefits does not meet this standard.

Important Points:

• Intended Marriages: If the marriage was intended but not legally valid due to the U.S. citizen or LPR being married to someone else at the time, it may still qualify under VAWA if entered into in good faith.
• Termination of Marriage: Even if the marriage has ended, you may still qualify for VAWA. To be eligible:
  • The marriage must have been bona fide.
  • The termination (e.g., divorce) must have occurred within the last two years.
  • The termination must be linked to the abusive spouse’s behavior, such as battery or extreme cruelty.

Parent-Child Relationship

If you are the abused child of a U.S. citizen or LPR, you must establish a parent-child relationship with the abuser.

Parent of an Abusive U.S. Citizen

To qualify as the abused parent of a U.S. citizen:

• You must be the parent of the abusive U.S. citizen.
• The abusive U.S. citizen must be at least 21 years old and qualify you as an immediate relative.

Residence Requirement

The residence requirement has two key components:

1. Current or Past U.S. Residence:

   • You must reside in the U.S. when filing the VAWA petition. If you do not reside in the U.S., you must prove:
     • The abusive U.S. citizen or LPR is a U.S. government employee or uniformed services member.
     • You or your child were subjected to abuse in the U.S.

2. Past Shared Residence with the Abuser:

   • You must have lived with the abusive U.S. citizen or LPR at some point.
   • The shared residence does not need to be current or located in the U.S.

Citizenship Status of the Abuser

To qualify, the abuser must be a U.S. citizen or LPR. However, if the abuser loses their status due to domestic violence-related circumstances, you may still qualify if you file the petition within two years of their status loss.

Evidence of Abuse

To qualify for VAWA, you must show that you were a victim of abuse by the U.S. citizen or LPR spouse, parent, or child.

• Forms of Abuse:
  Abuse includes battery, extreme cruelty, physical violence, psychological abuse, threats, rape, incest, and forced prostitution.

• Demonstrating Abuse:
  Evidence can include documentation or testimony showing you suffered physical or psychological harm.

Good Moral Character

Applicants must demonstrate good moral character for at least three years prior to filing the VAWA petition.

• Proving Good Moral Character:
  Commonly used evidence includes:
  • Police clearance certificates.
  • Tax returns.
  • Personal declarations or statements from people familiar with your character.