The Violence Against Women Act in Immigration

 Posted on April 03,2019 in Immigration

Buried in the headlines during the December 2018-January 2019 government shutdown was the expiration of the Violence Against Women Act (VAWA), which is a federal law helping to fund domestic violence shelters, regulate civil and criminal penalties against abusers, and establish community resources for abuse victims. However, what is often lost in the shuffle is that VAWA also grants a potential avenue for immigrants who have been victims of abuse to acquire lawful permanent residence in the United States. As of this writing, VAWA has been extended through February 15, 2019, but if it expires again, it could leave applicants fleeing abuse in the proverbial lurch as funding for legal assistance dries up.

Domestic Violence Is an Immigration Issue

The average person may not connect the dots as to how domestic violence and immigration have anything to do with each other, but in reality, the two are closely intertwined, especially for spouses. It is not uncommon for a foreign national to meet and marry a U.S. citizen, only to have that U.S. citizen abuse or mistreat them, up to and including refusing to help them obtain legal status in the country. Many immigrant spouses, especially women, feel that they have no choice but to remain in abusive marriages, especially if they have U.S. citizen children - often, they are told that if they try to leave, they will be deported and never see their children again.

One might obviously assume that the proper thing to do is immediately seek help from U.S. Citizenship & Immigration Services (USCIS), but in many cases, especially if the abuse victim is out of legal status and/or cannot prove that abuse has occurred, it can, unfortunately, do more harm than good, especially under this administration. If an abuse victim is undocumented for more than 180 days and less than 1 year, they will be barred from applying for future visas for 3 years; if they remain in the country without status for more than 1 year, that bar extends to 10 years. Very often, abuse victims speak little English. Legal help is needed in order to try and escape, but funds for legal clinics are harder and harder to come by.

Applying Under VAWA

The Violence Against Women Act offers these abuse victims, as well as parents or minor children of U.S. citizens or lawful permanent residents, a chance to clear their immigration record if their claim is approved. One of its main benefits is that normally, someone seeking to apply for lawful permanent resident status (a ‘green card’) must apply with a sponsor - but in abuse cases, the logical sponsor might be their abuser. VAWA allows the victim to apply on their own - and despite its name, anyone of any gender may apply if they meet the other requirements.

The requirements one must meet in order to apply for a green card under VAWA are that you must be (1) either a spouse, parent, or minor child of a U.S. citizen; (2) you must have resided with your abuser; (3) you are a person of good moral character; and (4) if you are an abused spouse, you must have entered into the marriage in good faith, and not for any type of immigration benefit (i.e. no “mail-order brides”). While some of these can be difficult to prove without documentation, it is an option that many can and do benefit from regardless.

Contact a Chicagoland immigration Attorney

No one should ever be subjected to physical or emotional abuse, but it can be particularly terrifying when you do not speak the language and you have few friends or allies on whom you can rely. The dedicated Chicagoland immigration attorneys at Mevorah & Giglio Law Offices can help clarify any questions you might have about VAWA, and assist you to the best of our ability in breaking free from your situation. Call us today at 630-932-9100 for a free consultation.