VAWA

city-park-denverThe Violence Against Women Act (VAWA) allows battered spouses, children, or parents to file an immigrant visa petition without the support of the abusive relative. This only applies to persons who have been abused by relatives who are United States citizens or lawful permanent residents. A person who is abused by a person other that a citizen or resident may have the option to file for a U visa.

The provisions of the Violence Against Women Act apply equally to women and men. MyRights Immigration Law Firm has helped many abused men and women obtain lawful permanent residence under VAWA. Please schedule an appointment to discuss your individual case with one of our immigration attorneys.

Eligibility Requirements for a Spouse

  1. Have a qualifying spousal relationship;
  2. Have suffered battery or extreme cruelty by the United States citizen or lawful permanent resident spouse, or your child has been the victim of battery or extreme cruelty;
  3. Have a bona fide marriage relationship;
  4. Have resided with the spouse; and
  5. Be a person of good moral character.

Eligibility Requirements for a Child

  1. Have a qualifying parent/child relationship under INA 101(b);
  2. Have suffered battery/extreme cruelty by the United States citizen or lawful permanent resident parent;
  3. Have resided with the abusive parent; and
  4. Be a person of good moral character (a child under 14 years of age is presumed to have good moral character).

Eligibility Requirements for a Parent

  1. Have a qualifying parent/son or daughter relationship;
  2. Have suffered batter or extreme cruelty by the United States citizen or lawful permanent resident son or daughter;
  3. Have resided with the abusive son or daughter; and
  4. Be a person of good moral character.

Additional Resources

USCIS Violence Against Women Act Page

Form I-360