Are you a foreign national who has been mistreated by your U.S. citizen spouse? Don’t suffer in silence any longer! The Violence Against Women Act (VAWA) provides protection and support for individuals in abusive relationships, regardless of their immigration status. Learn how VAWA can help you break free from the cycle of abuse and secure your legal rights in the United States.
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Understanding VAWA and Its Purpose
Violence Against Women Act (VAWA) is a federal law that was enacted in 1994 to protect victims of domestic violence, dating violence, sexual assault, and stalking. It was the first comprehensive federal legislative effort to specifically address gender-based violence and it has been reauthorized several times since then.
The main purpose of VAWA is to provide protection and support for immigrant victims of abuse who are married to U.S. citizens or lawful permanent residents. Prior to the enactment of VAWA, many immigrant victims were trapped in abusive relationships because they feared deportation if they left their abusive spouse. However, with the passage of VAWA, these victims can now take steps towards obtaining legal status independently from their abuser.
One important aspect of VAWA is its provision for self-petitioning. Self-petitioning allows eligible immigrants who have been abused by their U.S. citizen or lawful permanent resident spouse to apply for legal permanent residency on their own without the cooperation or knowledge of their abuser. This provides a sense of security and empowerment for these victims as they no longer have to rely on their abuser for immigration benefits.
We recommend you to see this article: What is VAWA? Full free guide
Who is Eligible for VAWA Protection?
To be eligible for VAWA protection, you must meet certain criteria outlined by the United States Citizenship and Immigration Services (USCIS). These criteria include:
1. Relationship with the Abuser: You must be married to a U.S. citizen or lawful permanent resident who has subjected you to domestic violence or extreme cruelty. In some cases, if your marriage ended due to death or divorce within two years before filing your petition, you may still be eligible for VAWA protection.
2. Evidence of Abuse: You must provide evidence that you have been a victim of physical, emotional, and/or psychological abuse by your U.S. citizen or lawful permanent resident spouse. This can include police reports, medical records, witness statements, photographs, and other forms of documentation.
3. Residency Requirements: You must have lived with your abuser at some point during your marriage in order to qualify for VAWA protection under the “battered spouse waiver” provision.
4. Good Moral Character: As an applicant for VAWA protection, you must prove that you are a person of good moral character in order to be eligible for a green card through this program.
5. Timely Filing: It is important to file your self-petition under VAWA within two years from the time your marriage ended due to divorce or death of your abusive spouse.
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The Process of Applying for VAWA Protection
The process of applying for VAWA protection can be complex and overwhelming, but it is crucial to understand the steps involved in order to successfully navigate the application process.
1. Gathering evidence: The first step in applying for VAWA protection is gathering evidence that supports your claim of abuse by your U.S. citizen spouse. This may include police reports, medical records, photos or videos of injuries, witness statements, and any other relevant documents that prove the abuse took place.
2. Filing Form I-360: Once you have gathered all necessary evidence, you will need to file Form I-360 with the United States Citizenship and Immigration Services (USCIS). This form serves as a petition for self-petitioning spouses who are seeking protection under VAWA.
3. Proving eligibility: Along with Form I-360, you will also need to provide evidence that proves your eligibility for VAWA protection. This includes proving that you are currently or were previously married to a U.S. citizen spouse who subjected you to domestic violence or extreme cruelty during the marriage.
4. Applying for work authorization: As part of your application for VAWA protection, you may also apply for work authorization by filing Form I-765 with USCIS along with supporting documents such as proof of identity and a copy of your pending Form I-360.
5. Attending an interview: After submitting your application and supporting documents, USCIS may schedule an interview with you to further evaluate your case and determine if you are eligible for VAWA protection.
6. Waiting for a decision: It may take several months for USCIS to make a decision on your VAWA application. During this time, it is important to regularly check the status of your application and keep USCIS updated with any changes in your contact information.
We recommend you to see this article: Navigating the Adjustment of Status Process: a step by step guide
Benefits and Protections Under VAWA
One of the main benefits of VAWA is the ability to self-petition for lawful permanent residency without relying on your abusive spouse’s sponsorship or approval. This means that you do not have to stay in an abusive relationship solely for the fear of losing your immigration status. Under VAWA, eligible applicants can submit a petition directly to the United States Citizenship and Immigration Services (USCIS) without needing their abuser’s cooperation.
Additionally, VAWA provides certain protections for victims of domestic violence during the immigration process. For example, if you are in removal proceedings due to overstaying your visa or entering the country without inspection, you may be able to apply for cancellation of removal under VAWA if you meet all other eligibility requirements.
Moreover, VAWA allows for confidential filing and processing of applications, which means that employers or family members will not be notified about your application unless necessary. This provision helps protect victims from further harm or retaliation from their abusers.
Furthermore, as a survivor of domestic violence under VAWA, you may also be eligible for work authorization while your application is being processed. This can provide financial independence and stability during a difficult time.
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Resources Available for Survivors of Domestic Violence
Being in an abusive relationship can be a traumatic and overwhelming experience. Fortunately, there are many resources available for survivors of domestic violence in the United States. These resources aim to provide support, protection, and empowerment to those who have experienced abuse.
One of the most important resources for survivors of domestic violence is shelters or safe houses. These facilities offer temporary housing for individuals who are fleeing from their abusers. They also provide safety planning, counseling services, and assistance with legal matters. Shelters for survivors of domestic violence can be found in many cities across the country and are often free or low-cost.
Another crucial resource for survivors is hotlines. Hotlines are confidential phone lines that provide immediate support and advice to individuals experiencing abuse. The National Domestic Violence Hotline (1-800-799-SAFE) is available 24/7 and offers bilingual support as well as referrals to local resources such as shelters and counseling services.
Survivors may also benefit from seeking therapy or counseling to help them cope with the trauma they have experienced. Many therapists specialize in working with survivors of domestic violence and can offer individual or group sessions to address emotional, psychological, and mental health issues resulting from abuse.
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