Michael Levitis

Good day everybody, this is Michael Levitis from jurisq.com. And we are back with immigration attorney Yakov Spektor. Yakov has been very, very interesting and useful for our listeners and our viewers and explaining different questions and topics in immigration law. The next question that we have, it deals with this particular act that was enacted called VAWA, and VAWA, correct me if I’m wrong means Violence Against Women Act. Right?

Yakov Spektor

It is absolutely correct, Michael.

Michael Levitis

And first of all, this act is not just for women, men can also use it. So the name is misleading. We’re going to talk about that. And from what I understand, it has to do with illegals, who are in a relationship, or they’re married to a US citizen. However, unfortunately, they can suffer abuse from their partner. And the law gives them certain rights. Can you please explain? What this act stands for and what rights do you have to apply for residency in the USA based on such sad circumstances?

Yakov Spektor

Oh, that’s actually a lot of questions in one, but probably the most important thing that that I want our listeners to know. And you’re absolutely correct about that, is that just because it’s called Violence Against Women Act, it definitely applies to men. That’s just the way the US government works, you cannot discriminate against a particular group. And a lot of men actually, they come to me, and they say, everything was great, we were married, we were in love, then things turned sour. You know, the divorce rate in this country, unfortunately, is higher than 50%. It’s all of a sudden, this person that they loved, she started abusing me, throwing objects at me, hitting me, scratching me.And it happens more often than you think. And men don’t like to talk about it. Especially during my first consultations with them, whenever I hear that, things not worked out and things were quite acrimonious. They would say, oh, you know, everything was fine. And then they open up a little bit, and they say, Oh, this happened, this happened, this happened.

Michael Levitis

You bring up a very good point, when you’re talking to an attorney it’s like talking to a doctor, you have to be completely open and let the attorney know everything. Everything you say is confidential. And let’s you then use the information for the benefit of the client.

Yakov Spektor

Yeah, I have to know what’s going on, but sometimes I understand that it might be difficult to talk about it. And by the Act, doesn’t only apply to husbands and wives of US citizens, it also applies to husbands and wives of permanent residence people. So the government understands that you’re going through a really rough patch. And if you don’t have status here, this, this could make things way more difficult for you. And so they give you a way to try and get your status, if you can prove abuse. Now proving their abuse is something that we can talk about on the later date. Because there’s a lot to unpack there. But don’t forget that the Violence Against Women Act is for everyone.

Michael Levitis

You bring up a good point that abusers they can use that as a weapon, that you are illegal, against you? And that’s why the law is giving people who are getting abused the special protection.

Yakov Spektor

And they often do, that’s actually a great point. The government actually they consider that threats of deportation. So let’s say your husband tells you you know what, you can’t you can’t leave me because I’m going to deport you. Don’t forget that the only person who can ever deport you is the US government. So those are empty threats. But that could be a pattern of abuse.