Immigration Options for Victims of Crime: Permanent Residency through VAWA (Violence Against Women Act)
Last month, we discussed obtaining immigration status through the U visa process, which is available for victims of certain crimes. Today we will discuss obtaining permanent residency through VAWA (Violence Against Women Act) as the victim of physical or mental domestic abuse. One very common misconception, due to the name of the rule, is that this option is only available for women who have suffered domestic abuse. The truth is, men, women and children can qualify for this benefit, provided that they are able to show the following general requirements:
The petitioner (the individual filing the application) suffered mental or physical abuse by the abuser.
The abuser is a U.S. citizen or lawful permanent resident.
The petitioner is the abuser’s spouse, widow or widower, child or parent (in the case of a parent, the abuser must be a U.S. citizen son or daughter).
The petitioner lived with the abuser.
The petitioner has good moral character.
If the petition is approved by USCIS, eligible petitioners are then able to apply within the United States to adjust their status to that of Lawful Permanent Resident (also known as a “Green Card”).
As with any immigration issue, it is always important to speak to an experienced attorney. The facts of each individual case can affect eligibility.
(The information in this article is (a) provided for general informational purposes only, (b) is not provided in the course of and does not create or constitute an attorney-client relationship, (c) is not intended as a solicitation, (d) is not intended to convey or constitute legal advice, and (e) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.)