VAWA Eligibility Guide: Who Qualifies for Protection?

The Violence Against Women Act (VAWA) is a federal law in the United States designed to protect victims of domestic violence, sexual abuse, and stalking. Originally enacted in 1994, VAWA allows certain abuse victims to apply for permanent residency in the United States without depending on the sponsorship of an abusive spouse, parent, or child. Here we detail who qualifies for the protections offered by VAWA.

Who Qualifies for VAWA?

1. Spouses: Abused spouses of U.S. citizens or lawful permanent residents can qualify. In addition, the children of abused spouses who are under 21 years old and unmarried can also be included in the application.

2. Children: Children abused by a U.S. citizen or permanent resident parent can file a petition on their own if they are under 21 and unmarried. Children over 21 but under 25 may also be eligible if they can demonstrate that the abuse was the primary reason they did not apply before turning 21.

3. Parents: Parents who have been abused by a U.S. citizen child over 21 years old can qualify for VAWA.
   

Application Process

The application process for VAWA involves completing and submitting Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to the United States Citizenship and Immigration Services (USCIS). It is essential to demonstrate the relationship with the abuser, evidence of the abuse (such as police reports, protection orders, medical records, witness testimonies, etc.), and proof that the applicant lived with the abuser and is of good moral character.

Protections and Benefits

VAWA applicants can receive work authorization while their case is being processed. Additionally, once the VAWA petition is approved, applicants may be eligible to adjust their status and become lawful permanent residents. During this process, they are also protected from deportation and can obtain certain public benefits.

Important Considerations

• Confidentiality: The application under VAWA is a confidential process. USCIS is prohibited by law from informing the abuser about the application.

• No Legal Status Needed: Applicants do not need to have legal status in the U.S. to qualify.

• No Gender Specificity: Although called the "Violence Against Women Act," VAWA is available to victims of any gender.

Conclusion

VAWA represents a lifeline for abuse victims, offering a path to safety and stability without dependence on the abuser. It is important for abuse victims to know their rights and the protections available under VAWA, and consider seeking legal assistance to navigate this complex process.