VAWA Eligibility
Denice Flores • February 8, 2024
The Violence Against Women Act also known as VAWA allows spouses, parents, and children of U.S. citizens and Lawful Permanent Residents (LPRs) who have been subjected to abuse to apply for immigration relief. A person may also be eligible to apply for VAWA if his/her U.S. citizen or LPR spouse subjected his/her child to battery or extreme cruelty.
A person who is eligible for VAWA can “self-petition,” for the relief. By self-petitioning, the person can petition himself or herself without the abuser’s knowledge, consent, or participation in the process.
Here is a brief overview of the VAWA eligibility requirements:
1. Being subjected to battery or extreme cruelty by a U.S. citizen or LPR spouse, parent, and/or child. Battery or extreme cruelty can be physical abuse, violent acts or threats of violence, sexual abuse, verbal abuse and degradation, emotional abuse, isolation, intimidation, economic abuse, coercion, or threats to take away children or to call immigration.
2. Residing or have resided with the abusive U.S. citizen or LPR spouse, parent, or child.
3. As a self-petitioning spouse of an abusive U.S. citizen or LPR, the self-petitioner must also demonstrate that he/she entered the marriage in good faith. The marriage must still be valid or if divorced, the marriage must have ended less than two years prior to filing the VAWA petition.
4. The self-petitioner must demonstrate he/she is a person of good moral character. To determine whether a person has good moral character, immigration looks at the self-petitioner’s criminal and immigration history or lack of.
Note, battered spouses or children of U.S. citizens or LPRs, who are in removal proceedings may also be eligible for VAWA relief through cancellation of removal.
If you believe you may qualify for VAWA or if you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
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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