VAWA (Violence Against Women And Men) Attorney In Franklin Square, New York

Violence Against Women Act (VAWA) is a crucial piece of legislation that offers protection and aid to immigrants who are victims of abuse. Even though its title suggests that it is solely for women, VAWA also applies to men, children, and individuals of all gender identities who have suffered from domestic violence at the hands of a U.S. citizen or lawful permanent resident. Here we provide an overview of what VAWA is, how it functions within immigration law, and the legal pathway it creates for abuse survivors.

Under VAWA, an immigrant survivor can self-petition for a green card if they are able to prove that they have been physically or emotionally abused by their U.S. citizen or permanent resident spouse or parent. Additionally, self-petitioning is also available for children who have been abused by their U.S. citizen or permanent resident parent.

This process of self-petitioning allows the survivor to bypass the need for their abuser's cooperation and support in obtaining legal status in the United States. This is crucial, as survivors of abuse often fear retaliation from their abusers if they try to leave or seek help.

What Is VAWA?

VAWA was first enacted in 1994 to combat domestic violence and provide support for victims. Under immigration law, VAWA allows certain victims of domestic violence—spouses, children, and parents of U.S. citizens or permanent residents—to file a petition for themselves, known as a VAWA self-petition, without the abuser's knowledge or consent. This self-petition is a powerful provision that enables victims to seek lawful status in the United States, ultimately leading to a Green Card, without relying on the abusive family member who may otherwise withhold legal status as a form of control.