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Legal Information: Federal


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January 30, 2018

What is VAWA?

VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions in United States immigration law to protect victims of abuse who are not citizens of the United States. In cases of domestic violence, US immigration law allows certain victims of abuse who are not citizens to obtain lawful status without having to rely on their abuser to petition.

Normally, if you are a spouse, child or parent of a US citizen (USC) or a spouse or child of a legal permanent resident (LPR) and you want to obtain lawful permanent resident status (commonly referred to as having a “green card”), the USC or LPR has to file a petition with the United States Citizenship and Immigration Service (USCIS) and may need to go with you to an interview with Immigration authorities.

Also, if your marriage is less than two years old when you obtain your LPR status, you would normally get what is called “conditional permanent residence,” (commonly known as a “conditional green card”). Your spouse would then normally need to file a joint petition with you to remove the “condition” so that you can obtain full lawful permanent residence.

However, in relationships where there is domestic violence, these requirements for the USC or LPR’s participation are often used by an abuser as a form of abuse, gaining power and control over the immigration status of the victim. Therefore, US immigration law allows certain noncitizen victims of abuse to get legal status on their own without involving the abuser to file anything for the victim.