Some immigrants coming to the United States are more likely to be victims of continued domestic violence because of the threat of removal (deportation). The federal government’s Violence Against Women Act (VAWA) can help immigrant women who are victims of domestic violence. Children of an abused woman may also qualify. VAWA was created by Congress in 1994 and amended in 2000.
Typically, a U.S. citizen or permanent resident who is an immediate relative must file a petition for permanent resident status for an immigrant. But VAWA allows an abused woman to file for legal status by herself.
Under VAWA, eligible applicants may qualify for deferred action status in the United States and work authorization. In addition, an approved VAWA petition may allow a victim to receive certain federal public benefits. Ultimately, a VAWA benefit recipient may be able to apply for permanent resident status on her own.
To qualify for VAWA, a person must be able to document the following elements to the Immigration and Naturalization Services (INS):
· the abuse was committed by a husband, and;
· the husband is a U.S. citizen, or a legal permanent resident (LPR), and;
· the marriage was a marriage of good faith, and;
· the victim is an individual of good moral character.
A divorce or legal separation occurring after papers are filed for self-petition will not have any effect on whether or not the victim is granted benefits under VAWA.
Benefits may also be available to victims in the following circumstances:
· the marriage was terminated within the past two years and the reason for the end of the marriage was connected to the domestic violence, or;
· the abuser lost his immigration status within the last two years due to the domestic violence, or;
· the U.S. citizen abuser husband died in the past two years, or;
· the husband was married to someone else at the same time he was married to the victim.
(Source CBA2)
Cart - empty 
