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

For many immigrants, the journey to the United States is a chance at a better life. However, you might find yourself trapped in an abusive relationship, isolated from friends and family, and fearful of deportation if you attempt to leave or seek help. 

Immigration and the Violence Against Women Act (VAWA) in Doraville (34 U.S.C.S. § 12471 et seq.) provides an opportunity for immigrant domestic violence victims to leave their abusers without giving up their hope for the American Dream. The Solano Law Firm offers compassionate and expert assistance for people in this challenging scenario. If you need a pathway to independence, contact our experienced U-visa attorneys to learn more.

What Is VAWA?

VAWA was the first piece of comprehensive federal legislation aimed at reducing gender-based violence. VAWA’s goal is to reduce the rates of domestic violence, sexual assault, and other forms of domestic abuse. Despite the name of the act, VAWA addresses traditionally gender-based violence without regard to the gender of the victim or the offender. Victims of any gender can get assistance, and that assistance does not depend on the gender of their offender.

VAWA allows immigrant survivors of domestic violence to self-petition for legal status in the United States without requiring the cooperation—or even the knowledge—of their abusive spouse or family member. It allows eligible individuals to apply for lawful permanent residency—a green card—if they are the victim of abuse by a spouse, parent, or adult child who is a US citizen or lawful permanent resident. Usually, these people would be the ones sponsoring an immigrant, and withdrawal of sponsorship could jeopardize immigration status. Since VAWA allows people to apply on their own, it does not jeopardize the immigration status of Doraville residents who want safety and legal protection from their abusers.

How Does VAWA Impact Immigration?

For immigrants to get VAWA protections, they must meet specific criteria, including a relationship requirement, an abuse requirement, and good moral character. The relationship requirement is straightforward. The VAWA applicant must be the victim of abuse by a spouse, child, or parent who is a US citizen or lawful permanent resident. So, VAWA protections do not apply to a person who is an immigrant and whose abuser is also an immigrant who has not attained lawful permanent resident status. However, depending on the nature and type of abuse, those immigrants may be eligible for U-visas or T-visas, assuming that they are willing to cooperate with investigations and prosecutions.

The applicants must demonstrate abuse by the citizen or lawful permanent resident. They do not have to prove physical abuse, but if they are relying on anything other than battery, they must be able to prove extreme cruelty, including physical, emotional, or psychological abuse. Some examples of extreme cruelty include:

• Threats
• Intimidation
• Manipulation
• Sexual violence
• Physical violence

The requirement for good moral character is more straightforward than many applicants fear. Good moral character generally means that a person has a clean record and generally follows the law. While a limited criminal history will not prevent someone from being eligible under VAWA, it can slow the process. A significant criminal history can prevent a Doraville immigrant from being eligible for relief under VAWA.

Get a Doraville Attorney’s Help Understanding Immigration and the Violence Against Women Act (VAWA)

Navigating the complexities of the VAWA self-petition process can be challenging, especially for individuals dealing with the trauma of abuse. Solano Law Firm is committed to providing a safe, supportive, and confidential environment to help clients through the process. We offer personalized consultations based on your circumstances so we can provide tailored advice about VAWA eligibility.

To support a VAWA application, you need to provide substantial evidence, including proof of the relationship, evidence of the abuse, and character affidavits. An attorney can help you gather that evidence, which may include police reports, medical reports, photographs, and more. An attorney can also help you prepare and file the self-petition. To find out more about how an attorney can help you with immigration and the Violence Against Women Act (VAWA) in Doraville, schedule a consultation.