Immigration and the Violence Against Women Act (VAWA) in Atlanta

Spouses and children who experience domestic violence have certain legal protections in the United States, even when they lack legal status. Someone who has had their visa application sponsored by their abuser could continue the immigration process without that person’s involvement.

When you have questions about immigration and the Violence Against Women Act (VAWA) in Atlanta, now is the right time to ask. A dedicated U-visa attorney could evaluate your case and advise you of your options.

Understanding VAWA

The Violence Against Women Act—or VAWA—is a broad legislation passed over 30 years ago. It is designed to protect the victims of domestic violence. Included in this act are protections for those who are going through the immigration process.

The reason that this act is so important in the context of the immigration process is that many victims are forced to rely on their abuser when applying for a visa. Without their cooperation, the path to lawful permanent residency might be cut off.

The primary immigration protection in Atlanta through VAWA is the ability to self-petition. This means a foreign resident who would normally need to be sponsored by a family member for a visa can continue their case on their own. Additionally, the person causing the violence will not be notified of the change in the status of the immigration case.

What Is Domestic Violence?

There must be evidence of domestic violence for an Atlanta resident to qualify for immigration protections under the Violence Against Women Act. While this frequently involves physical violence, other forms of cruelty may also apply.

A person could qualify for VAWA protections without a history of physical altercations. Evidence of emotional harm or controlling behavior could be sufficient. Authorities often examine a case to determine whether someone is using another person’s immigration status as leverage to continue the mistreatment.

Qualifying Relationships

Not all incidents of violence will trigger VAWA protections. The person seeking protection must be in a qualifying relationship with their abuser. Typically, this is a family member with citizenship or lawful permanent residence status in this country.

To qualify, an applicant must be the spouse or child of a citizen or lawful permanent resident. In addition to eligible family members with legal status, these protections may kick in when the abuser loses their residency within the last two years. The parties must also have lived together in the United States at some point in time.

Proving Good Moral Character

An applicant will need to show that they exhibit good moral character. This is a subjective standard, but it is designed to disqualify specific individuals—especially those with serious criminal records.

However, it is possible to obtain a waiver that allows someone with a disqualifying conviction to still secure VAWA protection. A seasoned Atlanta lawyer could answer any additional questions about VAWA and immigration.

Speak With an Attorney in Atlanta About Immigration and the Violence Against Women Act

For more information on immigration and the Violence Against Women Act in Atlanta, schedule a consultation with our compassionate and well-versed legal team.