What Are the Eligibility Requirements for Immigration Relief under the Violence Against Women Act (VAWA)?

In 1994, the U.S. Congress passed the Violence Against Women Act ("VAWA"), which provided funding for domestic violence enforcement efforts, research and data collection, prevention programs, and services for victims. VAWA also increased penalties for certain domestic violence-related crimes and expanded the Federal Criminal Code to include new categories of crimes. When VAWA was reauthorized by Congress in 2000, it also created the U Visa, which protects and assists victims who assist law enforcement agencies in investigating and prosecuting an array of crimes, including domestic violence. From an immigration perspective, VAWA amended the Immigration & Nationality Act to provide relief for non-citizens who are abused or battered by their U.S. citizen or legal permanent resident ("LPR") spouse or parent or U.S. citizen child.

It is important to note that the VAWA provisions apply equally to men and women and are permanent, in that they do not require congressional reauthorization. Furthermore, these provisions allow non-citizens who were abused or battered to "self-petition" independently from their abusive family member. These applications are treated with the highest level of confidentiality and do not notify or involve the abusive family member in the petition process. Ultimately, if your VAWA petition is approved, you are eligible for a greencard and its accompanying benefits.

In order to be eligible for relief under VAWA, you must meet the following eligibility requirements:

For Spouses:

Qualifying spousal relationship:
- You are married to a U.S. citizen or LPR abuser, or
- Your marriage to the abuser was terminated by death or a divorce (related to the abuse) within 2 years prior to filing your petition, or
- Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
- You believed you were legally married to your abusive U.S. citizen or LPR spouse, but the marriage was not legitimate solely because of the bigamy of your abusive spouse
You have suffered battery/extreme cruelty by your U.S. citizen or LPR spouse
- You have been abused by your U.S. citizen or LPR spouse, or
- Your child has been subjected to battery or extreme cruelty by your U.S. citizen or LPR spouse.
You entered into the marriage in good faith, not solely for immigration benefits
You currently reside or have resided with your spouse
You are a person of good moral character

For Children:

Qualifying parent/child relationship:
- You are the child of a U.S. citizen or LPR abuser, or
- You are the child of a U.S. citizen or LPR abuser who lost citizenship or legal permanent resident status due to an incident of domestic violence.
You have suffered battery/extreme cruelty by your U.S. citizen or LPR parent
You currently reside or have resided with your abusive parent
You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character

For Parents:

Qualifying parent/son or daughter relationship:
- You are the parent of a U.S. citizen son or daughter who
  - is at least 21 years of age when the self-petition is filed, or
  - lost or renounced citizenship status related to an incident of domestic violence, or
  - was at least 21 years of age and who died within 2 years prior to filing the self-petition
You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.
You currently reside or have resided with the abusive son or daughter
You are a person of good moral character

If you are experiencing abuse at the hands of your U.S. citizen or LPR spouse or parent or U.S. citizen child, you may be eligible for relief, including access to a greencard and its accompanying benefits. It is urged that you speak with an experienced immigration attorney to discuss your circumstances and learn more about the VAWA application process.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.