What Do I Do if I’m an Immigrant Who Has Been Abused?

Every year, countless women come to the United States seeking a safer place for themselves, their children, and their families. Currently, there are 23 million immigrant women living in America. Unfortunately, many of those women have come here due to violent circumstances in their countries of origin- and those violent circumstances do not necessarily end when they leave. Almost half of all immigrant women currently living in the United States are survivors of domestic abuse or sexual violence.

In many circumstances, these women have been forced to come to America with one or more of their abusers. Many times, their abusers can obtain citizenship or lawful permanent residency first. In other cases, women marry American men only to find themselves subjected to abuse at a later time. Because of the way family immigration courts work, these women are often placed in positions in which they believe they must apply for Green Cards or obtain citizenship under the control or supervision of their abusers. In other cases, their abusers may convince them that they are not eligible for Green Cards at all.

None of this is true. In fact, immigrants of all genders and sexual orientations have opportunities to escape abusive situations through VAWA.

The Violence Against Women Act—also known as VAWA—was passed in 1994 to protect immigrant women from domestic abuse, sexual violence, partner violence, and other forms of gender-based discrimination. It allows women and minors the opportunity to seek a Green Card and eventual citizenship without the knowledge or involvement of their abuser. Like all immigration procedures, applying for VAWA can be a challenging and complex process. This is why anyone considering applying must consult an experienced Florida VAWA immigration attorney like Ruth Jean.

What is VAWA?

VAWA stands for the Violence Against Women Act. It is designed to protect non-citizens of the United States who are married to, the child of, or the parent of a U.S. citizen or lawful permanent resident who has subjected her to violence.

For the purposes of VAWA, violence includes but is not necessarily limited to:

• Verbal Threats
• Physical Violence
• Sexual Violence
• Child Abuse
• Elderly Abuse
• Threatening to Turn You Over to ICE
• Controlling Your Access to Money or Resources
• Controlling Your Daily Activities
• Forcing You or Your Children to Participate in Criminal Activities

Many immigrant women find themselves in situations in which their abusers are U.S. citizens or lawful permanent residents. This imbalance gives their abusers a degree of power over them that often prevents these women from seeking help to escape their current situation. This is where VAWA comes in. VAWA provides a safe path forward for women in these frightening and volatile situations, including certain protections against their abusers.

How Does VAWA Work?

Applying for VAWA is called self-petitioning. Self-petitioning means that a woman applying is acting on her own behalf or on behalf of her children, without the involvement of her citizen or resident partner. This is vital because, in many circumstances, the abuser would need to be involved in some capacity.

Many individuals who are abusing their children or partner do not want them to have the opportunities that a Green Card or citizenship might afford. Keeping abusers out of the immigration process allows women and children the opportunity to obtain lawful permanent residency safely.

Once a VAWA application has been approved, the petitioner(s) receive certain privileges. These include protection from deportation, the right to live and work in the United States, and eligibility for a Green Card.

How Do I Apply for VAWA?

The form you will file to apply for VAWA is Form I-360. Due to the circumstances under which someone will generally be filing an I-360, there is no application fee. Along with Form I-360, you will also need to submit evidence that you meet all of the eligibility criteria for VAWA. This includes being married to, the parent of, or the child of a U.S. citizen or lawful permanent resident; evidence of abuse; and evidence that you live(d) with your abuser. If you have family members, such as children, who qualify for VAWA, an attorney can help you include them in your petition so they may enjoy the same protections and benefits.

Are Men Eligible for VAWA?

Yes. Although VAWA was initially designed for at-risk women, and the majority of applicants are women and children, the U.S. government has become more aware in recent years of male survivors of domestic and sexual violence. As a result of this growing awareness, men are eligible to apply for VAWA if they can demonstrate they meet the same eligibility requirements. 

Many men who may qualify for VAWA are hesitant to apply because of the potential social stigma of admitting partner abuse or sexual violence. Abuse is wrong regardless of the genders of those involved. If you are an immigrant man to the United States who believes he may qualify for protection under VAWA, you should contact Jean Law Group, LLC immediately.

Does VAWA Protect LGBTQ+ People?

Yes. In 2018, VAWA was “reauthorized,” or revised by Congress. Part of this reauthorization included new and updated protected classes and individuals, including transgender individuals. 

As with male applicants, the United States has become more aware of how gender and sexual violence impact a broader array of individuals than was realized in the past. Due to this growing awareness, more resources are available than ever before for prospective LGBTQ+ immigrants. These protections extend to a broad array of gender and sexual identities. A dedicated VAWA immigration attorney can review your case, determine if you qualify for VAWA, and help you through the process.

What Should I Do If I Need to Apply for VAWA?

Domestic abuse and sexual violence are frightening and challenging experiences regardless of who or where you are. They can become even more frightening if you are experiencing abuse in a new country, removed from your culture, family, and support system. VAWA exists to help individuals leave these situations, find new, safe environments for themselves and their families, and get a fresh start in a new environment. If you or a loved one is an immigrant who has been experiencing abuse, don’t hesitate to contact Ruth Jean at Jean Law Group, LLC.

Ruth Jean and her compassionate staff place a strong emphasis on helping vulnerable individuals during their time of need. She places special emphasis and importance on VAWA cases, knowing these individuals are at a heightened risk of personal danger. Ruth Jean approaches all VAWA cases with sensitivity yet assertiveness, intent on protecting her clients from harm while also helping them get their fresh start in America. Ruth Jean doesn’t consider a case complete until her clients are happy, healthy, and safe in the United States and begin working on their new lives.

Being in an abusive situation is frightening. With Ruth Jean on your side, you can get out. If you or a loved one is an immigrant to the United States who is experiencing physical, sexual, or emotional abuse, don’t hesitate to contact Jean Law Group, LLC today at 954-951-8773.