What is VAWA, and how does it help immigrants?

The Violence Against Women Act (VAWA) is a law that provides protections for victims of domestic violence, sexual assault, dating violence, and stalking. It also extends immigration benefits—for women AND men—to victims of battery or extreme cruelty committed by a U.S. citizen or permanent resident spouse, former spouse, or parent, or a U.S. citizen son or daughter.

A person who files an immigration application based on VAWA (known as the Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant) is eligible for a work permit while their case is pending. Once their case is approved, they receive deferred action (protection from deportation), and they can apply for legal status in the U.S. without leaving the country.

Unlike the U Visa, which also provides immigration benefits to victims of certain crimes, there is no yearly limit on who can get VAWA, which means there is no long waiting period to receive a work permit or protection from deportation.

The VAWA process includes protections for the applicant, to help keep them safe from their abuser. Most importantly, a VAWA applicant can file their petition without their abusive family member’s knowledge. There are also protections in place to prevent that abusive family member from hurting the case—the law prohibits USCIS from denying an application based on information provided solely by the abuser. Likewise, the law protects the applicant from unauthorized disclosure of their personal information and information about their case.

If you or someone you know has been a victim of violence from a family member, we encourage you to seek help. The National Domestic Violence Hotline has information about shelters, mental health care, legal advice, and other types of assistance. You can also contact us at 206-774-8758 or info@globallawadvocates.com to schedule a consultation to learn about your immigration options. Attorney Inna Scott is experienced in providing confidential, judgement-free immigration advice for victims of domestic violence and helping them get the protections they need.

Immigration lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.