Do I Qualify For VAWA
The Violence Against woman Act (VAWA) was passed in 1994 to create special routes for battered non-citizen women to gain immigration status. This law is to help protect the spouse, or child, of a United States citizen who is being abused.
The requirements to qualify for VAWA with a special waiver for non-citizens are also outlined below).
Requirements To Qualify For VAWA
- You must be either the spouse of a US citizen, a child (under 21 and unmarried) of a US citizen, the parent of a child (under the age of 21), or a parent to qualify for VAWA.
- You must prove that you have been physically battered or suffered extreme cruelty by a United States citizen who is your spouse, parent, oe child.
- Evidence of this abuse may include: physical abuse, violent acts or threats of violence verbal abuse and degradation, emotional abuse, , sexual abuse or exploitation, isolation, intimidation, financial abuse, coercion or threats to take away children or have one deported.
- Since many in this situation of fearful of the police due to circumstances in thir country of origin, it is not necessary to have a police report to substantiate the abusive behavior to qualify for VAWA.
- An abused spouse must be able to prove that they are married, and that they became married in good faith. The marriage must have been terminated within the last two years before attempting to qualify for VAWA.
- The victim must live within the United States, and the abuse must have occurred within the United States.
- The person seeking to qualify for VAWA must “be of good moral character.”
Requirements For Conditional Residents (I 751 Waiver) Who Wish To Qualify For VAWA
- To qualify for VAWA the spouse with conditional residency status must have entered into the marriage in good faith and not simply for immigration purposes.
- That your removal from the United States would create a condition of extreme hardship, OR
- That your marriage was ended by divorce of death of a United States citizen, OR
- Battery or extreme cruelty must have been suffered by the conditional resident by a United States citizen while married to each other. If the abused is a child the abuse must have been committed by a parent who is a lawful resident or United States citizen to qualify for VAWA.