Violence Against Women Act (VAWA)

How to identify and refer victims for services

Violence Against Women Act (VAWA)  Originally enacted in 1994 and reauthorized in 2000 and 2005  Created in part as a response to special vulnerabilities of immigrant domestic violence victims  Similar to family-sponsored application, but does not require assistance of the abuser

Who can file a VAWA self petition?

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Abused spouses or former spouses of U.S. citizens or lawful permanent residents (LPR); Abused children of a U.S. citizen or LPR; Abused parents of a U.S. citizens sons or daughters; and Non-abused spouses who are parents of a child abused by a U.S. citizen or LPR parent, if filing jointly with his or her child’s petition.

What does the self-petitioner have to show?

 Status of the abuser  Marriage (or parent/child relationship)  Abuse  Residence  Good moral character

Status of the abuser  Is or was a U.S. citizen or LPR  Can self-petition within 2 years of abuser losing status as long as loss of status is related to the abuse

Marriage issues  Self-petitioner is or was married USC or LPR abuser  Includes common law marriage where recognized by law  Marriage must have been entered into in “good faith”  Stepchildren are included

Abuse issues    Battery – 1 incident of physical violence is sufficient Extreme Cruelty – verbal/psychological abuse that goes beyond normal marital problems; any other form of domestic violence that does not involve battery “Any credible evidence” standard applies

Residence issues  Lived with the abuser in the U.S. (current or prior)  Either lives in the U.S., was subjected to abuse by LPR or USC spouse in the U.S. or the abuser was an employee of the U.S. government or armed forces

Good Moral Character  Self-petitioner is person of GMC for 3 years prior to filing  Waivers are available if conduct is related to the abuse

Mechanics of filing  Form I-360 filed with Vermont Service Center with supporting documents  If approved, self-petitioner is granted deferred action and is eligible to apply for a work permit  Can apply for adjustment of status to become LPR

Questions For more information contact: Erica Schommer Texas RioGrande Legal Aid, Inc.

300 S. Texas Blvd Weslaco, TX 78596 (956) 447-4806 [email protected]