Violence Against Women Act (VAWA)

VAWA Lawyers

If a non-citizen has been subjected to battery or extreme cruelty that individual may qualify to “self-petition” for lawful permanent residence or may qualify for a different type of cancellation of removal. Cancellation of Removal under this category requires the individual to show:

• 3 years of continuous physical presence;
• That he or she is the victim of battery or extreme cruelty; and
• Extreme hardship to the applicant him or herself or to a spouse, parent or child who is a U.S. Citizen or lawful permanent resident.

Understanding the Violence Against Women Act

The Violence Against Women Act (VAWA), first enacted in 1994 and reauthorized several times since, represents a significant piece of legislation that provides critical immigration protections for victims of domestic violence, battery, and extreme cruelty. This comprehensive law recognizes that victims of abuse should not be forced to depend on their abusers for immigration status and creates pathways for their independence and safety.

VAWA allows certain abused spouses, children, and parents of U.S. citizens and lawful permanent residents to self-petition for immigration benefits without their abuser’s knowledge, consent, or participation. This protection ensures that victims can seek legal status and safety without fear of retaliation or further abuse.

Comprehensive Protections Under VAWA

• Self-Petitioning Rights: VAWA empowers victims to file their own immigration petitions, eliminating dependence on abusive family members who might otherwise control the immigration process.
• Confidentiality Protection: All VAWA cases receive strict confidentiality protection. Immigration authorities can only share limited information about your case with certain individuals.
• Work Authorization: Approved VAWA self-petitioners can apply for employment authorization, enabling financial independence and the ability to support themselves and their children without relying on their abuser.
• Path to Permanent Residence: Successful VAWA petitioners can apply to become lawful permanent residents, providing long-term security and stability in the United States.

Eligibility Requirements

To qualify for VAWA protections, you must meet several key requirements.

Qualifying Relationship

You must be:

• A spouse (current or former) of a U.S. citizen or lawful permanent resident. Spouses must show they entered the marriage in good faith, not solely for immigration benefits.
• An unmarried child under 21 of a U.S. citizen or lawful permanent resident.
• A parent of a U.S. citizen who is 21 years or older.

Battery or Extreme Cruelty

You must demonstrate that you were subjected to battery or extreme cruelty by your qualifying relative. This includes physical abuse, sexual abuse, psychological abuse, economic control, or threats that create a climate of fear.

Good Moral Character

All applicants must demonstrate good moral character during the required statutory period.

Residency Requirement

You must have resided with your abusive relative at some point during the relationship.

Special Impacts on Cancellation of Removal

For individuals in removal proceedings, VAWA provides an additional form of relief called VAWA Cancellation of Removal. This protection requires:

• Three years of continuous physical presence in the United States
• Evidence of battery or extreme cruelty
• Proof that removal would cause extreme hardship to you or your qualifying relative who is a U.S. citizen or lawful permanent resident

Pursue Safety and Permanent Legal Status Through VAWA

At Joseph & Hall P.C., we understand the often difficult nature of domestic violence cases and provide compassionate representation for VAWA clients. Our experienced immigration lawyers have helped numerous individuals obtain protection and permanent residence under VAWA. From initial consultation through final approval, we provide continuous support and guidance, understanding that VAWA cases often involve ongoing safety concerns and emotional challenges.

If you are a victim of domestic violence or extreme cruelty looking for a way forward in the U.S., you do not have to face this journey alone. VAWA can provide real protection and pathways to independence, and our Violence Against Women Act lawyers at Joseph & Hall P.C. can guide you through every step of the process. Contact our team today for a confidential consultation.