The Violence Against Women Act (VAWA) is crucial U.S. legislation that provides protection to victims of abuse, regardless of gender. Among its many provisions, VAWA allows certain vulnerable immigrants to apply for a Green Card without needing to rely on their abuser to obtain legal status.
Who Is Eligible to Apply for a Green Card Under VAWA?ā
VAWA is designed to protect immigrants who have suffered physical or emotional abuse by a U.S. citizen or permanent resident. Specifically, the following individuals may qualify:
- Spouses: If you are married or were divorced from a U.S. citizen or permanent resident within the last two years and suffered abuse during the marriage, you may be eligible.ā
- Children: Children under 21 years of age of a U.S. citizen or permanent resident who have been abused may also apply for protection under VAWA.
- Parents: Parents of U.S. citizens who have been abused by their children may qualify for a Green Card through this law.
Benefits of VAWA
The process of applying for a Green Card through VAWA offers several key benefits:
- Independence: There is no need for the abuser to participate in the immigration process. This is vital as it removes the control and influence the abuser may have over the victim.
- Confidentiality: VAWA applications are handled confidentially, protecting the applicant’s privacy.
- Access to Public Benefits: Those who qualify under VAWA may be eligible for certain public benefits and support services.
Application Process
Applying for a Green Card through VAWA involves several steps:
- The first step is to submit Form, Petition for Amerasian, Widow(er), or Special Immigrant. You must prove the relationship with the abuser, the nature of the abuse, and your good moral character.
- Once your Form is approved, you can submit your application to Register Permanent Residence or Adjust Status, to obtain your Green Card.
- Evidence of Abuse: It is crucial to present detailed and credible evidence of the abuse suffered. This may include police reports, witness statements, medical reports, and more.
Obtaining a Green Card through VAWA is a powerful option for those who have suffered abuse in relationships with U.S. citizens or permanent residents. It is a tool that empowers victims, allowing them to escape dangerous situations without fear of losing their immigration status. If you or someone you know is in this situation, it is important to seek legal advice to explore all available options under VAWA.
Do you have questions about how VAWA could help you?
Contact our office for a confidential consultation and discover how we can assist you on your path to permanent residency.
