Working With You To Overcome Immigration Obstacles

Can you secure protections under VAWA?

On Behalf of | Jan 21, 2025 | Immigration

For many women, obtaining legal immigrant status requires that their spouse, parent or child who is a U.S. citizen or lawful permanent resident files an immigration petition on their behalf. This means that the process is almost entirely outside of their control, which can be problematic when the woman in question is in an abusive relationship. In fact, all too often these women are denied the legal immigration protections that they need to remain in the U.S. and seek adequate protection.

Fortunately, the Violence Against Women Act (VAWA) was enacted to remedy this situation. Pursuant to the law, women who are in an abusive relationship can self-petition for legal immigrant status, giving them the opportunity to seek the protection they need. That said, the process isn’t as easy as one would hope, which is why in this post we want to shed some light on it so that you know what you can do to navigate the process with confidence.

Qualifying for VAWA protections

The U.S. government isn’t just going to take you at your word that you’re in an abusive relationship and deserve immigration status and protection. Instead, the burden falls on you to prove certain characteristics before VAWA protections will be given. So, as you prepare to submit your self-petition, you’ll need to be ready to show the following:

  • Your qualifying relationship: As mentioned above, you have to be the spouse, parent or child of a U.S. citizen or legal permanent resident in order to file a petition pursuant to VAWA. A marriage certificate, paternity decree, birth certificate or a child support order may be necessary to establish your relationship.
  • An abusive relationship: An abusive relationship won’t be presumed. Instead, you’ll have to submit evidence showing that you’re in a controlling and cruel relationship. To do so, gather police reports, medical records, photographs, mental health evaluations and witness accounts. You can also provide your own detailed statement of events that may paint a compelling picture. Be as thorough and as detailed as possible. Also, be aware that the government recognizes several different types of abuse, including financial, emotional and verbal abuse amongst physical and sexual abuse.
  • Good moral character: You also have to demonstrate to the government that you have good moral character. The government doesn’t define what “good moral character” is, but it’s best to show that you’ve stayed out of trouble and contributed to society in some way. This is generally proved by the applicant’s own affidavit, which should be detailed. If you can show that you’ve maintained a residence and contributed to the home, then you’ll be on stronger footing, particularly if you haven’t had any run-ins with the police. But even if you have been arrested and charged with a criminal offense, you might be able to seek a waiver that still protects your moral character, particularly if the offense in question is related to the abuse that you’ve suffered.

Fight for the immigration protections you deserve

You don’t deserve to have your immigration status and thus your future held hostage by an abusive spouse, parent or child. By aggressively advocating for VAWA protections, you could obtain an outcome that protects you from deportation, provides you with work authorization and gives you with a path to lawful permanent resident status. This can position you to build the life that you want for yourself.

That said, the process is nuanced and can be difficult to navigate. That’s why it’s a good idea to read up on VAWA and the immigration process in general, that way you know what to expect as you navigate it. If you think that you could benefit from assistance in doing so, then please consider seeking out any guidance that you think you may need.