The Violence Against Women Act (VAWA) provides important immigration protections to victims of physical, financial, sexual, and emotional abuse. This protection is provided equally to women and men. To be eligible for immigration relief under VAWA, several requirements must be met.

Firstly, the applicant must establish that they are a victim of one of the qualifying forms of abuse. They need to provide credible evidence, such as a strong affidavit, and secondary evidence including police reports, court records, or affidavits from witnesses or professionals, to support their claim.

Secondly, the applicant must demonstrate a qualifying relationship with the abuser. You must be the spouse of a United States’ citizen or lawful permanent resident, or the parent of a United States’ citizen that is over 21, or the child of a United States’ citizen or lawful permanent resident under 25. If you are divorced or your spouse has died, you can file up to 2 years after the divorce or death. Additionally, the victim must demonstrate that they have resided with the abuser at some point during the abusive relationship, and that the abuse happened in the United States.

Furthermore, the applicant needs to show that they have good moral character, meaning they have not committed serious crimes or engaged in certain conduct that would affect their eligibility.

By meeting these requirements, victims can apply for immigration relief under VAWA, by self-petitioning for a green card, allowing them to establish a path to safety and independence in the United States. It is not necessary to have a lawful entry to apply for residency in this type of case. Call us at 915-314-2363 for a free evaluation of your case!