Immigration & the Violence Against Women Act

Guidance for approved self-petitioners under the Violence Against Women Act (VAWA), was created to help victims of domestic abuse to remain in the United States and seek adjustment of status.  The victims of Domestic can be male or female, will benefit under VAWA if the abuser is or was a U.S. Citizen or LPR spouse or parent.  VAWA allows applicants to self petition for immigrant benefits even if the marriage ended in divorce, as long as VAWA self- petitioners demonstrate:
 

• Connection between the divorce and domestic violence
• Files the petition within the statutory limit of two years from the termination of the alleged marriage

Applicants can qualify under VAWA even if the abuser has lost his/ her US Citizen or LPR status.  In addition VAWA petitioners must prove that he/she is a person of good moral character, and show the US citizen or LPR either physically or mentally abused the spouse during the marriage or the child residence with parent.  To prove the abuse under VAWA self-petitioner must provide detailed and credible information related to the domestic violence abuse.  The key requirement for a successful VAWA petition is solid evidence that the marriage was entered in good faith.  Generally mental abuse is defined as verbal abuse, social isolation, possessiveness, control or diminution of equality of life.