VAWA is the Violence Against Women Act, passed by Congress in 1994. It offers immigrants, both men and women, paths to deferred action or lawful permanent residency based on specific factors. VAWA allows you to do so without the spouse or parent’s knowledge or cooperation.
Through VAWA, victims can access necessary resources to heal and seek justice, as well. These include housing support, counseling, and access to medical care. This law makes a significant impact by helping immigrants remain in the US while escaping abusive relationships.
At Vianey K. Hurtado Law, we can help you apply and receive permanent residency through VAWA. Our legal team all has immigrant roots and real experience within the system. We'll provide guidance and strategies to get you the best possible outcome. This process can take 36 months on average, but we are with you every step of the way. We are ready to advocate for members of the Phoenix and Yuma communities.
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Under VAWA, non-citizen immigrants can self-petition without the knowledge or consent from an abusive spouse or former spouse, parent, or adult child.
You may qualify for this relief if you are the victim of battery or extreme cruelty committed by:
You must show that you have been a victim of battery or extreme cruelty during the qualified relationship, which can include physical assault or abuse, psychological abuse, sexual assault, and more. (US Citizenship & Immigration Services)
For spouses, you must prove that the marriage was legal and bonafide and all previous marriages no longer exist due to death or divorce.
You can still be eligible for VAWA if you believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse, your abusive spouse died or if your marriage was terminated within 2 years prior to filing the self-petition. You may also be eligible if your abusive spouse has lost status.
VAWA has several benefits for those who are seeking relief. These benefits include:
If you qualify, this act allows you to gain security and stability while remaining in the US. It offers relief and the foundation for a good life away from unnecessary harm.
VAWA offers relief to non-citizens through a few different methods. These 3 forms of relief are:
Self-Petition and Lawful Permanent Residency -
You may self-petition for VAWA by meeting all requirements and filling out a Form I-360. If granted the relief, you will receive deferred action–which is essentially protection from removal. You may also be eligible to apply adjustment of status and obtain Lawful Permanent Residency (LPR).
Battered Spouse Or Child Waiver -
These waivers exist to aid immigrant victims of abuse who have Conditional Permanent Residence, remove the conditions. This term refers to those who have been married to a citizen or permanent resident for less than two years but have been a victim of abuse during the marriage.
The waiver allows you to apply for removal of conditions without your spouse or parent’s consent.
Cancellation Of Removal -
If you're currently in removal proceedings, this form of relief allows you to demonstrate abuse from a qualifying spouse. It also applies to those with children abused by said spouse. While this route can be difficult, seeking help from an equipped attorney can tilt the odds in your favor.
Attorney Vianey K. Hurtado and the VKH legal team help you navigate complex immigration issues, like filing for VAWA relief. We provide in-depth strategies to aid our efforts in obtaining LPR. We actively advocate for immigrants in the Phoenix and Yuma areas.
If you're seeking relief and think you may qualify for VAWA in Arizona, contact our offices to start the process today.
