The Violence Against Women’s Act (VAWA) provides a critical lifeline for survivors of abuse who need immigration protection. This act was passed by Congress in 1994 to create a unique route of lawful immigration status for victims of domestic abuse.
Prior to VAWA becoming law, immigration law mandated that the spouse, child, or parent of a U.S. citizen or legal permanent resident had to rely on the citizen or permanent resident to file for citizenship on behalf of the spouse, child, or parent. This prevented women in abusive marriages from being free of their abusive spouses in their marriage.
VAWA has changed and has opened the door for an abused immigrant to be able to apply on their own without the help or sponsorship of their abuser. This also stated that you could be both male and female to be eligible for VAWA.
Here at One People Law, we can provide you with comprehensive legal support regarding VAWA. If you or your loved ones have been suffering from similar issues, take a quick look at the information below.
Continue reading to know more.
Recent Changes in VAWA Immigration Policies
VAWA was reauthorized in 2022, and specific clauses defining abuse and the abuser have changed. Consulting an experienced VAWA Immigration Attorney in Hollywood can help you understand the exact expansion in concepts of abuse and abuser.
Here’s what you need to know:
Abuse
Abuse under the VAWA Law can be categorized under the following aspects:
- Any attempted use of physical abuse and sexual abuse.
- Any pattern of coercive behavior committed, enabled, or maintained power and control over a victim.
- Verbal, psychological, social, economic, and technical abuse that may or may not contribute to criminal behavior.
Abuser
The list of potential abusers under the reauthorized VAWA law involves the following categories:
- Current or former spouse or intimate partner of the victim.
- A person who lives or lives with the victim as a spouse or an intimate partner.
- A person with whom the victim has or had a child.
- A person who commits an act of domestic violence against a child or adult who is protected under domestic violence laws of their location.
Based on the recent changes in VAWA Law Mentioned Above, our VAWA Immigration lawyer in Hollywood can provide you with comprehensive assistance.
How Changes in the VAWA Law Can Help
Reauthorization of the VAWA Law have exaonded the opportunities of the abused to file for necessary legal actions. Here’s how they can help:
- Strengthening protections for victims of domestic violence,
- Protecting victims of sexual assault and stalking
- Potentially leading to increased funding for services
- Enhanced penalties for perpetrators, and improved legal avenues for survivors.
Eligibility for Filing a VAWA Self-Petition
VAWA protects the following individuals who have experienced abuse from a U.S. citizen or Lawful Permanent Resident (LPR):
- If you are the spouse of a U.S Citizen or lawful permanent resident and experienced abused during the marraige.
- If you are the child of a U.S. citizen or lawful permanent resident who has been abused by the parent.
- If you are the parent of a U.S. Citizen aged 21 years or above, who has suffered abuse from their child.
- If you were adopted before age 16 by an abusive U.S. citizen or lawful permanent resident, you may be eligible.
- If you are the step-child of an abusive U.S. citizen or lawful permanent resident, you may be eligible.
Based on the above eligibility criteria, our lawyers can provide you with an adequate guidance in filing, representation and following up process.
What If an individual Living Outside the Unued States?
Our experienced VAWA Immigation attorney in Hollywood can assist an individual, who is living outside the United States. However, individuals residing outside the US at the time of applying, may still qualify if they meet the following conditions:
- Their abusive U.S. citizen or LPR family member is employed by the U.S. government.
- Their abusive U.S. citizen or LPR family member is serving in the U.S. armed forces.
- They were subjected to abuse while in the U.S.
Conclusion
Immigration is a complicated procedure and when abuse is associated with it, the complexities may further increase. At One People Law, we provide our clients with personalized legal assistance, based on their unique needs. If you or your loved ones have been facing abuse, let us guide you. Connect with us today.