Protecting the Vulnerable: Understanding the Role of the Violence Against Women Act in Immigration Law
- sacredheartimmigra
- Jan 3, 2024
- 2 min read
The Violence Against Women Act (VAWA) includes specific provisions within the Immigration and Nationality Act (INA) that offer protections and immigration benefits to certain victims of domestic violence, abuse, and other forms of violence. These provisions are found primarily in sections 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) of the INA.
Under INA Section 204(a)(1)(A)(iii):
This section allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs) to self-petition for lawful permanent residency (green card) independently of the abusive family member who is a U.S. citizen or LPR.
Eligible individuals, often referred to as "VAWA self-petitioners," can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with the United States Citizenship and Immigration Services (USCIS) to seek immigration benefits.
To qualify, the petitioner must establish that they are eligible as an abused spouse, child, or parent of a U.S. citizen or LPR and demonstrate the relationship, the abuse suffered, good moral character, and other required criteria outlined in the law.
Under INA Section 204(a)(1)(B)(ii):
This section provides similar self-petitioning provisions for certain abused spouses and children of U.S. citizens or lawful permanent residents who have lost their status as a result of an abusive relationship or circumstances related to the abuse.
Individuals in this category may file a self-petition within two years of the termination of the abusive relationship or within two years of the death of the abusive spouse.
Both sections of the INA provide avenues for survivors of domestic violence and abuse to seek protection and independence in the immigration process, allowing them to apply for lawful permanent residency in the United States without the sponsorship or cooperation of the abuser.
These VAWA-related provisions within the INA aim to provide safety and relief to victims of domestic violence, allowing them to seek legal immigration status and protection in the U.S. without being dependent on their abusers for immigration benefits.
