I have been abused by a U.S. Citizen or Green Card holder – what can I do?
Alexandra Fuxa Ramirez • December 8, 2022
The Violence Against Women Act (VAWA)
protects immigrants who have been abused by their U.S. citizen or lawful permanent resident (AKA Green Card holder) relative. VAWA allows you to independently petition for yourself without your abuser’s knowledge, consent, or participation in the process. This allows survivors to seek both safety and independence from their abusers.
- Who is eligible to file for VAWA?
There are several people who qualify for a VAWA Self-Petition:
- The spouse of an abusive U.S. citizen or green card holder. You can also file as an abused spouse if your child has been abused by your U.S. citizen or green card holder spouse.
- The parent of an abusive U.S. Citizen
- The child (AKA someone under 21 and unmarried) of an abusive U.S. citizen or green card holder.
- Will my abuser know I am applying for VAWA?
NO – you abuser does not need to know you are applying for VAWA. He or she will not need to sign anything and will not be notified of your petition being filed.
- Can I include anyone else in my petition?
It depends. If you are applying as an abused spouse or child of a U.S. citizen or green card holder, you may include your children in your petition. However, your children must be under the age of 21 and unmarried to be included in your VAWA petition. If you are applying as a parent abused by their U.S. citizen son or daughter, you may NOT include any derivatives in your petition.
- Will I be eligible for public benefits with VAWA?
Once you receive your prima facie determination for your VAWA Self-Petition, you may qualify for certain public benefits. In the state of California, VAWA Self-Petitioners may qualify for full-scope MediCal, Cash Assistance (CalWORKs, GR, CAPI), State Food Assistance Program (CalFresh), and Federal Financial Aid.
- Can I work with VAWA?
Yes – an approved VAWA petition will get you a work authorization. If you included any derivatives in your application, they will also be eligible for a work permit once the petition is approved.
- Does having an approved VAWA mean I can apply for a Green Card?
You may also qualify for a green card once your VAWA petition is approved – it depends on whether there is a visa immediately available for you and/or your derivatives. In some cases, you might be able to apply for your VAWA petition and green card petition at the same time. Nonetheless, it is best to speak with an experienced immigration attorney before applying for it.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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