Access to VAWA Protection for Parents of U.S. Citizens

The Violence Against Women Act (VAWA) provides an escape route and safety for parents abused by their U.S. citizen children over the age of 21. This lesser-known aspect of VAWA gives these parents the opportunity to apply for legal independence and protection without the intervention or knowledge of their abuser. In this article, we explore the eligibility requirements, application procedure, and associated benefits of this provision, offering a vital resource for those seeking to free themselves from abuse while remaining in the United States.

VAWA Eligibility for Parents

To qualify for VAWA, a parent must meet several specific criteria:

1. Relationship: The abuser must be a son or daughter who is a U.S. citizen and over the age of 21.

2. Proof of Abuse: The parent must demonstrate that they have been a victim of abuse. The abuse can be physical, emotional, or psychological. Documents such as medical reports, police reports, protection orders, and witness statements can serve as evidence.

3. Co-residence: There must be proof that the parent has lived with the abusive child.

4. Good Moral Character: The parent applicant must demonstrate that they have good moral character. This can be established through testimonials from friends, family, employers, or even clean background records.
   

Application Process

The process for applying for VAWA protection as a parent of a U.S. citizen includes the following steps:

• Form I-360: The parent must fill out and submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant to the United States Citizenship and Immigration Services (USCIS).

• Supporting Documentation: Along with the form, the applicant must attach all documentation proving the abuse, the relationship, and good moral character.

• Confidentiality: The application under VAWA is completely confidential, and USCIS is legally prohibited from notifying the abuser about the application.
  

Benefits of Approval under VAWA

Once a VAWA application is approved, parents can access several significant benefits:

• Work Authorization: Applicants can receive a work permit while their case is being processed.

• Adjustment of Status: If the application is approved, the parent may be eligible to adjust their status and become a legal permanent resident of the United States.

• Protection Against Deportation: During the process, the applicant is protected against deportation.

• Access to Public Benefits: Depending on the case, they may access certain public benefits.
  

Conclusion

Parents of U.S. citizens who have suffered abuse from their adult children have the opportunity to seek protection and a new beginning through VAWA. This path not only provides a legal exit from abuse but also offers a route to stability and permanent residency in the United States, underscoring the importance of this legislation in protecting human rights and the dignity of older individuals.