VAWA (Violence Against Women Act) and Receiving Your Green Card

Upset Woman

In this interview, Yakov Spektor discusses the Violence Against Women Act (VAWA) and receiving your green card.

The Violence Against Women Act (VAWA) is a federal law that provides critical legal protections and resources to victims of domestic violence, dating violence, sexual assault, and stalking. This comprehensive guide aims to provide a detailed understanding of VAWA, including the legal process involved in applying for protection under the law, recognizing different forms of abuse, the risks and dangers of staying in an abusive relationship, and seeking support and resources.


The Legal Process Involved in Applying for Protection Under VAWA

To apply for protection under VAWA, victims must meet specific eligibility requirements, including a qualifying relationship to a U.S. citizen or lawful permanent resident and evidence of abuse. Qualifying relationships include spouses, parents, children, and non-married partners who have lived with the abuser. Evidence of abuse can consist of police reports, medical records, and affidavits from witnesses or service providers. Victims must submit Form I-360 and supporting documents to the United States Citizenship and Immigration Services (USCIS) for review.

The timeline for the application process can vary, but applicants can expect to receive a notice of receipt within a few weeks of filing their application. After review, USCIS may request additional evidence or schedule an interview with the victim to gather more information about their case. If approved, the victim is granted VAWA protection and may be eligible for work authorization and other benefits.

It is important to note that applicants have rights during the VAWA application process, including confidentiality and protection from their abuser. Victims can also apply for a fee waiver or reduction if facing financial hardship.


Recognizing Different Forms of Abuse and Gathering Evidence

VAWA protects victims of various forms of abuse, including physical, emotional, psychological, and economic abuse. Recognizing the signs of abuse and gathering evidence to support the claim of abuse is crucial in helping victims obtain protection under VAWA.

Physical abuse includes any act of violence or force that causes bodily harm or physical pain to the victim. Emotional abuse involves acts or threats that cause emotional distress, such as humiliation, degradation, and isolation. Psychological abuse targets a victim’s mental and emotional well-being, including gaslighting, manipulation, and control. Economic abuse refers to behaviors that limit a victim’s financial independence or access to resources, such as controlling access to bank accounts or employment opportunities.

Victims can gather evidence to support their claim of abuse by documenting any instances of abuse, including dates, times, and locations. Victims can also obtain police reports, medical records, and affidavits from witnesses or service providers. Gathering evidence can be challenging, but it is crucial in helping victims get protection under VAWA.


The Risks and Dangers of Staying in an Abusive Relationship

Staying in an abusive relationship can have severe consequences for victims, including physical, emotional, and psychological harm. According to the National Domestic Violence Hotline, more than 10 million Americans experience domestic violence each year, and one in three women and one in four men have experienced some form of physical violence by an intimate partner. Victims of domestic violence are also at a higher risk of developing chronic health conditions, such as depression, anxiety, and PTSD.

Victims of domestic violence may also experience financial instability, making it difficult to leave an abusive relationship. Abusers often use financial abuse to control victims and limit their access to resources. Victims may be unable to work or have limited work options due to their abuser’s control, making supporting themselves and their children challenging.


Seeking Emotional and Mental Health Support

Seeking support and resources is crucial in helping victims of domestic violence heal and recover from the abuse trauma. Many organizations offer emotional and mental health resources and services to victims of domestic violence, including counseling, support groups, and crisis hotlines. These resources can help victims cope with abuse’s emotional and psychological impact and provide tools for building a new life free from abuse.


Resources and Contact Information

Several organizations provide support and assistance to victims of domestic violence, including the National Domestic Violence Hotline, the National Network to End Domestic Violence, and the National Resource Center on Domestic Violence. Victims can also seek legal and financial assistance through organizations helping abuse victims.


Breaking the Cycle of Domestic Violence

VAWA provides critical legal protections and resources to victims of domestic violence, dating violence, sexual assault, and stalking. Understanding the legal process involved in applying for protection under VAWA, recognizing different forms of abuse, the risks and dangers of staying in an abusive relationship, and seeking support and resources is crucial in helping victims break free from the cycle of abuse and build a new life free from violence. By providing support and resources, we can work towards ending the cycle of domestic violence and supporting survivors on their path to healing.

If you want to learn more about the topic discussed in this guide, we recommend watching the full interview on our YouTube channel. The interview features experts and survivors sharing their experiences and insights about domestic violence and the importance of seeking help and support. By watching the interview, you can gain a deeper understanding of the issue and learn about the resources and organizations available to victims of domestic violence.

VAWA, or Violence Against Women Act, is a law that allows victims of domestic violence or spousal abuse to apply for their green cards without their spouses. It applies equally to victims of either sex — meaning abused husbands or partners who are married to U.S. Citizens or Permanent Residents can file for their own petition.

It’s a complicated and tricky process, but we have handled many such cases and are very experienced in helping our clients get a green card if there was abuse in the marital relationship. 

Call us at 646-859-0205 or send us a message us today. You’ll be glad you called. You’ll know what to do.