VAWA
Protection for Survivors of Domestic Violence & Abuse
Orlando VAWA Attorneys
Compassionate Legal Guidance
In 1994, the Violence Against Women Act (VAWA) was introduced in an effort to give noncitizens the ability to pursue immigration protections should they suffer from abuse or exploitation. Previously, immigrants pursuing marriage-based visas were forced to endure the potential for domestic violence in order to guarantee the cooperation of their abusive U.S. citizen or lawful permanent resident spouse.
Other noncitizens working in the U.S. while undocumented were meanwhile compelled not to report any exploitative behavior of colleagues or management for fear of reprisal.
VAWA and similar legislative efforts have been augmented and expanded several times since its original introduction, extending permanent immigration benefit options to those who have been the victims of domestic violence, sexual assault, violent crimes, or human trafficking.
Our Orlando VAWA lawyers at Angel Law Firm, PL can help any noncitizen who has suffered abuse in the United States explore their immigration options. We are familiar with the policies and procedures involved in these unique situations and will do everything possible to get you the protection that you need.
You do not have to face the U.S. immigration system alone. Call (407) 329-7711 or contact us online to discuss your situation.
Using the VAWA “Self-Petition”
VAWA enables victims of domestic violence, child abuse, or elder abuse to “self-petition” for family-based visas. By self-petitioning, victims avoid having to involve their abusive partners, parents, or adult children. Noncitizen spouses may also divorce their abusive partners and still self-petition so long as they file within 2 years of the legal separation. They will need to demonstrate that the domestic violence or abuse led to the divorce.
There are no limits to the number of VAWA self-petitions granted annually. However, recipients are still subject to the same procedural processing times consistent with the visa they were originally seeking. This means that unmarried children under the age of 21 and spouses of U.S. citizens will be considered “immediate relatives” and face no additional wait. Other family members will operate as “family preference relatives” and will need to wait for a visa to become available.
Successful VAWA self-petitions ultimately allow noncitizens to obtain lawful permanent residency. While waiting for their green card, beneficiaries will be granted deferred action and work authorization, allowing them to continue living and working in the U.S. until their case has been adjudicated.
In order to qualify, VAWA self-petitioners will need to establish:
Their relationship to the abuser
Residency with the abuser
Good moral character
The immigration status of the abuser (i.e. proving that they are a citizen or lawful permanent resident)
That the marriage was entered into in good faith if the self-petitioning involves a marriage visa
Contact Angel Law Firm Today!
Our attorneys and staff speak both English and Spanish. We will speak to you in whichever language you are most comfortable with to ensure smooth communication. Get in touch with us today to get started.
Frequently Asked Questions
Clear and Detailed Answers to Help You Understand Your Case
What is VAWA and how does it help immigrants?
Who is eligible to apply for VAWA?
VAWA covers:
- Spouses who are abused by a U.S. citizen or lawful permanent resident spouse.
- Children who are abused by a U.S. citizen or permanent resident parent.
- Parents who are abused by their U.S. citizen children.
It is important to note that VAWA is not reserved only for women, but any person who is in an abusive relationship and meets the guidelines can apply.
Do I need to be married to my abuser to qualify for VAWA?
What proof do I need to apply for VAWA?
- Evidence of your relationship with the abuser (marriage certificate, birth certificate, etc.).
- Proof of abuse (police reports, medical records, therapy records, affidavits from witnesses, etc.).
- Proof that you lived with the abuser.
- Proof of good moral character (police clearance records, letters from community members, etc.).
Do I need my abuser’s permission to apply for VAWA?
No. VAWA is a confidential process, and the abuser will not be notified of your application. You can apply without their knowledge or consent.
Immigration News & Law Updates
Stay Informed with the Latest in Immigration and Legal Insights
Reversal of Extension of TPS for the Venezuelan Community in the US
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The Laken Riley Act: Transforming U.S. Immigration Enforcement
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