If a non-citizen is living in an abusive relationship and meets certain requirements, he or she may be eligible for a visa or other lawful status under the Violence Against Women Act (VAWA). VAWA is Federal law originally passed by Congress in 1994.  It allows immigrants that are victims of domestic violence or abuse to obtain legal status in the United States.  While many individuals are dependent upon the party that is abusing them, if they are being abused they should not have to depend upon their abusers for immigration purposes.  Immigration status can also be used to coerce or harass a spouse or child in a domestic violence situation and the victim could be afraid to report the abuse because they believe they will be deported.  VAWA allows the victims of domestic violence to escape the abuse without having to worry about their immigration status.

If the victim meets the eligibility requirements, the victim or parent can start the self-petition process for protection.  

Self-petitioning means that the abused or parent of the abused can file on his or her own behalf and for his or her child without the need for the abuser to be involved or even be aware.  This can be important in domestic violence situations as a victim might be subjected to further abuse if it is discovered that he or she has filed for protection of this kind.  During this process the petitioner will have to prove that the particular type of domestic relationship exists, that the victim resides with the abuser and that the victim has good moral character, among other things.

Eligibility

Non-Citizen Status: VAWA is designed to protect non-citizens who are vulnerable due to their immigration status. You cannot be a US citizen yourself to qualify.

  1. Domestic Violence: This is the core of VAWA’s mission – protecting victims of abuse. You must have experienced physical, emotional, sexual, or psychological abuse at the hands of a specific relative:

  2. US Citizen Spouse: You were married to a US citizen or lawful permanent resident (LPR, also known as a green card holder). The crucial aspect here is the connection between the abuse and the end of the marriage. You must be currently separated, divorced, or even widowed due to the violence you experienced.

  3. US Citizen Parent: As a child, the person who should be your safe haven – your parent – has inflicted abuse on you or another parent in your household. This abuse can take many forms, and VAWA recognizes the vulnerability of children in such situations.