Violence Against Women Act (VAWA):

The Violence Against Women Act (VAWA) provides a pathway for survivors of domestic violence, including men, women, and children, to seek immigration relief independently of their abusers. VAWA allows eligible survivors to self-petition for immigration benefits, offering a measure of independence and security. This legislation recognizes that domestic violence is a serious issue and seeks to protect those who may be vulnerable due to their immigration status.

Eligibility:

• VAWA protections extend to spouses, children, and parents who have been subjected to abuse by a U.S. citizen or lawful permanent resident spouse or parent.

• The survivor must demonstrate a qualifying relationship with the abuser and provide evidence of abuse or extreme cruelty, including physical violence, emotional abuse, sexual abuse, or other forms of mistreatment.

Self-Petitioning Process:

• One of the distinctive features of VAWA is that survivors can self-petition, meaning they can initiate the immigration process without the knowledge or cooperation of the abuser.

Benefits of a VAWA Petition:

Confidentiality and Safety: VAWA recognizes the importance of protecting survivors' safety and confidentiality. USCIS is committed to maintaining the privacy of individuals seeking VAWA relief, and information provided in the application is kept confidential.

Derivative Benefits: If the survivor has children who have also been subjected to abuse, they may be eligible for derivative benefits.

Work Authorization: Once the VAWA self-petition is approved, the survivor may be eligible for work authorization in the United States, allowing them to support themselves and their family.

Path to Permanent Residency: If the VAWA petition is approved, the survivor may be eligible to apply for lawful permanent residency (a green card) after meeting certain requirements.

Counseling and Support Services: Survivors of domestic violence face unique challenges; VAWA acknowledges this by allowing access to counseling and support services to help them rebuild their lives.

Waiver of Filing Fees: In recognition of the vulnerable position survivors often find themselves in, VAWA provides for a waiver of filing fees for certain applicants.