Violence Against Women Act (VAWA) Provides Protections for Survivors of Abuse

Violence Against Women Act (VAWA) Provides Protections for Survivors of Abuse

     The Violence Against Women Act is a federal law that provides a number of different immigration-related remedies for eligible individuals, such as housing protections on federally subsidized units, for those who experienced domestic violence, dating violence, sexual assault, or stalking. These protections extend to immediate relatives of survivors such as parents or minor children. VAWA helps all survivors, regardless of gender, sexual orientation, or gender identity. This law aims to protect survivors in the short-term and long-term by assisting with housing related issues, so they are not left homeless or stuck with their abusers, while also helping them become lawful permanent residents of the United States. VAWA protects survivors from being deported and allows them to continue working lawfully.

     Alleged abusers often use a partner’s immigration status to coerce and control them. Abusers do this by threatening to report their partner to authorities, refusing to sponsor their citizenship, destroying or hiding important legal documents, preventing them from learning English, isolating them from others, and threatening to remove child custody.

Who is covered?

-     VAWA’s protections are available to anyone who was previously or is currently experiencing domestic violence, sexual assault, dating violence, or stalking.

-     At the time of filing, survivors do not have to be married to, related to, or living with the perpetrator to be protected by VAWA. There is generally no filing deadline in connection with when the abuse occurred. While there is no general deadline, it is better to file earlier to get help sooner and to make it easier to get evidence such as affidavits and witness statements. It is important to note that there are deadlines related to when a survivor must file United States Citizenship and Immigration Services Form I-360 if they are no longer married to their abusive spouse.

VAWA’s housing protections

-     Survivors cannot be denied admission or assistance under a Housing and Urban Development (HUD)-subsidized unit

-     Survivors cannot be evicted from a HUD subsidized unit nor have their assistance terminated

-     Survivors cannot be denied admission, be evicted, or have their assistance terminated for reasons related to the VAWA violence/abuse

-     Survivors must have the option to stay in their HUD-subsidized housing

-     Survivors can request an emergency transfer from the housing provider for safety reasons

-     Survivors must be allowed to move with continued assistance

o   Section 8 Housing Choice Voucher: Helps low-income families, elderly persons, veterans, and disabled individuals afford housing in the private market

-     Survivors have a right to strict confidentiality related to their survivor status

-     Survivors can request a lease bifurcation

o   Domestic violence survivors in federally assisted housing can remove an abuser from their lease and keep their home

-     Survivors cannot be coerced, intimidated, threatened, or retaliated against by HUD-subsidized housing providers

-     Survivors have the right to seek law enforcement or emergency assistance

Self-petitioning for VAWA survivors

-      A self- petitioner is someone who can file directly with U.S. Citizenship and Immigrations Services to classify themselves as eligible for a Green Card. This is important because it removes the abuser’s control over the survivor’s immigration status. Survivors self-petition by filing form I-360 with USCIS without the abuser.

-      Self-petitioners must prove:

1.   That they are the abused spouse of a Lawful Permanent Resident or United States Citizen or child(ren) have been abused by the LPR (lawful permanent resident) or USC spouse

·     If self-petitioner is abused by their LPR or USC spouse, they must prove their marriage to the abuser was in good faith

·       If self-petitioner is a child, they will have to show the marriage of their parents was in good faith (which does not relate to divorce).

2.  They suffered from battery or extreme cruelty to self or child

3.  The status of the abuser as a LPR or USC

4.  Residence with the abuser

§  The self-petitioner must live with or previously lived with their abuser at a residence that was the self-petitioner’s main home.

§  For children, they had to reside with the abuser when the abuse occurred, but unlike adults, residence can include any period of visitation. 

5.  Good moral character

§  To qualify for VAWA, self-petitioners must establish that they are of “good moral character.” This is subjective and discretionary and typically based on the past three years immediately prior to the filing of the self-petition. Good moral character must be maintained through the entire application process as well.

§  There are permanent bars and conditional bars. As the name states, permanent bars permanently prevent petitioners from establishing good moral character. They are given to self-petitioners who have been convicted of an aggravated felony on or after November 29, 1990, or who have engaged in conduct relating to assistance in Nazi persecution, participation in a genocide, or commission of acts of torture or extrajudicial killings, or relating to severe violations of religious freedom. Unlike permanent bars, conditional bars are not permanent. A self-petitioner may still meet the “good moral character” requirement if the act or conviction is waivable for purposes of determining inadmissibility or deportability; and the act or conviction was connected to the self-petitioner’s battery or extreme cruelty. These are based on the Immigration and Nationality Act.

VAWA Timeline:

-     The process can be quite long (6-12 months), which is why VAWA prioritizes ensuring survivors have a safe place to live. Depending on the case, it may take longer or shorter.

Green Card for Self-Petitioners

-     Under VAWA, survivors may be eligible to get a green card and become a lawful permanent resident if they are the victim of battery or extreme cruelty committed by a:

o   U.S. citizen spouse or former spouse

o   U.S. citizen parent

o   U.S. citizen child

o   LPR spouse or former spouse, or

o   LPR parent

-      To apply for a Green Card, survivors need an approved Form I-360. If they are currently in the U.S. and an immigrant visa is immediately available, as listed in the U.S. Visa Bulletin, they may file USCIS Form I-485 to apply, without leaving the country, with Form I-360, while Form I-360 is pending, or after Form I-360 is approved. The U.S. Visa Bulletin is updated every month with the most current information regarding the number of available immigrant visas. Self-petitioners do not need an abusive family member’s knowledge or consent to apply.

-     If a survivor is no longer married to the abusive spouse when filing Form I-360, they must meet one of the following exceptions:

o   They believed they were legally married, but it was not legitimate due to the abusive spouse

o   The abusive spouse died within two years of filing the petition

o   The abusive spouse lost or renounced their citizenship or legal status due to a domestic violence incident

o   The marriage was terminated within the two years prior to filing the petition, and the termination was connected to battery or extreme cruelty.

-     See uscic.gov for more specific information related to the green card application process.

     If a survivor believes they may be eligible for VAWA, they should consult an immigration attorney or an accredited representative to seek help with potentially moving forward with an immigration application. An attorney or representative will help review the facts and check a survivor’s eligibility. If a petition is denied, the denial letter will contain information detailing how to file an appeal.

By 1^st Lt. Vivian Tsai, Fort Bliss Legal Assistance Office