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THE VIOLENCE AGAINST WOMEN LAW (VAWA)
VAWA offers the opportunity for abused husbands, wives or children of U.S. citizens or legal permanent residents to petition for their legal residence in the U.S. without the knowledge of the abuser.
See more information below.
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This project assists domestic violence victims in seeking legal residency under the Violence Against Women Act (VAWA).
We assist women who would otherwise be eligible to apply for legal immigration status through their husbands, yet their abusive husbands have refused to help them.
Through VAWA, we guide the women through the process of petitioning for residency, while effectively putting control of the immigration process in the hands of the victim.
In the process, women gain much greater control of their own lives. See the section "BELLA" for more information.
- She receives threats and experiences fear as a result of abuse towards herself and her children.
- The abuser may threaten her with deportation.
- She may fear calling the police.
- She may fear that her children could be taken away.
- She may not know the language or the servies available to help her.
- She may not know how to defend herself.
- She may not have enough money or a legal means of working.
- The abuser may convince the victim that she does not have any rights in this country.
VAWA, or the Violence Against Women Act, offers the opportunity to request legal permanent residency status for battered spouses and children, without the help or knowledge of the abuser.
With VAWA, a battered immigrant may be able to:
- Self-petition with INS to request permanent residency
- Suspend deportation proceedings
- Change conditional residency status to permanent residency status
- Request a work permit
The decision to stay with or leave the abuser is a decision the victim makes on her own. The petition allows the victim to make this decision freely, without pressure from the spouse.
In addition, the whole process is completely confidential. INS will not contact you directly. Also, your abusive spouse will not be notified and your choice to petition will not affect him.
- Have suffered physical abuse or mental cruelty from your spouse or parent who is a U.S. citizen or lawful permanent resident (LPR)
- Have suffered at least one incident of abuse (physical or verbal) in the U.S.
- Have lived with the abuser
- Currently reside in the U.S.
- Show evidence of good moral conduct
- Prove that you are married in good faith (This is not a requirement for abused children)
In October 2000, VAWA underwent some changes. The new law offers more legal opportunities for battered immigrants. It is good news for many people who were not previously eligible for VAWA.
Now people who comply with the previous requirements and have the following situation may qualify:
- A person whose husband is a bigamist
- A person whose spouse died within the last two years
- A person whose LPR spouse has been deprted for a crime of domestic violence in the last two years
- A person who has divorced his/her abusive spouse in the last two years
Each case is considered individually. For more information, please call Las Americas Immigrant Advocacy Center, (915) 544-5126.
If you are in a violent situation, please take a moment to consider the information you just read. If you know someone who is in this situation, please share this information with her/him.
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