What is VAWA?
The Violence Against Women Act (VAWA) is a federal law designed to protect individuals who have experienced abuse or violence within a family or intimate relationship. Under VAWA, eligible individuals can self-petition for legal immigration status without relying on their abuser. This provides a pathway to safety, independence, and stability for victims of abuse.
Why Was VAWA Created?
VAWA was enacted to address the vulnerabilities faced by victims of domestic violence and abuse, especially those who are non-citizens. The law ensures that individuals can seek protection and status without fear of retaliation or dependence on their abuser for their immigration case.
Who is Eligible for VAWA?
Under VAWA, several categories of individuals may qualify to self-petition for lawful immigration status:
1. Spouses of U.S. Citizens or Lawful Permanent Residents
- Victims of abuse or extreme cruelty by their U.S. citizen or lawful permanent resident spouse.
- Includes victims whose children were abused by the U.S. citizen or lawful permanent resident spouse.
2. Children of U.S. Citizens or Lawful Permanent Residents
- Unmarried children under 21 years of age who have experienced abuse or extreme cruelty by their U.S. citizen or lawful permanent resident parent.
- Includes stepchildren if the relationship with the abusive parent began before the child turned 18.
3. Parents of U.S. Citizens
- Parents who have been abused or subjected to extreme cruelty by their U.S. citizen child (who is 21 years or older).
Additional Eligibility Requirements:
- The abuse must meet the threshold of “battery” or “extreme cruelty.”
- The victim must demonstrate good moral character.
- The victim must have lived with the abuser.
What Can VAWA Do?
1. Pathway to Green Card
VAWA allows eligible victims to apply for lawful permanent residency (a green card) without the support of their abuser.
2. Work Authorization
Once a VAWA self-petition is approved, individuals may qualify for employment authorization, allowing them to work legally in the United States.
3. Protection from Deportation
Victims with approved VAWA petitions are shielded from deportation, giving them peace of mind and stability while their case is processed.
4. Access to Public Benefits
In some cases, VAWA recipients may become eligible for certain public benefits such as housing assistance, healthcare, and food assistance, depending on their state of residence.
How Zavala Texas Law Can Help
At Zavala Texas Law, we understand the courage it takes to break free from abuse and seek protection. Our experienced immigration lawyers are here to guide you through the VAWA process with care and expertise. We provide:
- Comprehensive Case Assessment: We evaluate your situation to determine eligibility for a VAWA petition.
- Document Preparation: From gathering evidence of abuse to demonstrating good moral character, we handle every detail of your case.
- Advocacy and Support: Our team advocates for your rights, ensuring you have the best chance of success.
Frequently Asked Questions About VAWA
Can men apply for VAWA?
Yes, VAWA protections are available to all victims of abuse, regardless of gender.
Do I need a police report to apply for VAWA?
No, a police report is not required, but other forms of evidence, such as affidavits, medical records, or witness statements, can be submitted to support your case.
How long does the VAWA process take?
Processing times vary depending on the complexity of the case and USCIS workload. Generally, it can take several months to over a year for a VAWA petition to be processed, however the I-765 Work Permit would be approved much sooner.
Take the First Step Today
You don’t have to face this journey alone. Contact Zavala Texas Law for a confidential consultation. Let us help you secure the protection and peace of mind you deserve.
- Call us at 832-819-3723
- Visit us online at www.zavalatexaslaw.com
- Schedule your consultation today!
