Yes, survivors of domestic violence can apply and petition independently for immigration status or housing protections under the Violence Against Women ACT (VAWA). VAWA is an important landmark 1994 federal law that affords key legal and financial protections and support for those who survive domestic violence, sexual assault, stalking, or dating violence. Discuss your concerns with our experienced New Jersey immigration attorneys at Warren Law Firm today.

Violence Against Women Act

VAWA has extended its scope to protect survivors of any gender, age, sexual orientation, or immigration status. These apply to those who’ve survived domestic violence and similar forms of abuse, and the primary protections break down into several basic categories that include:

Immigration relief
Housing protections, which apply to federally subsidized or assisted housing in NJ
Grant funding for community-based shelters, rape crisis centers, and legal assistance

Immigration Relief

VAWA allows an abused spouse, parent, or child of a citizen of the United States or a lawful permanent resident of the U.S. to self-petition for a green card or for legal status. They can do so independently without notifying their abuser and without their abuser’s cooperation or consent.

Bypassing the Typical Path Forward

One of the most common paths forward for an immigrant in pursuit of a green card is relying on a family member to sponsor them. If, however, the family member perpetrates domestic violence against them and threatens deportation or the withholding of necessary paperwork instead, the victim is left with very few options. VAWA’s intent is to remove the abuser from the equation by allowing survivors to self-petition outside the usual process.

The VAWA process is strictly confidential, and this is to the degree that the law bars the government from notifying the abuser of the filing. Despite the act’s name, these protections extend to men, women, and children.

Eligibility

If you have been battered or treated with extreme cruelty by a family member who is either a U.S. citizen or a lawful permanent resident, VAWA may apply to you. The abuse you’ve suffered doesn’t have to be physical. In fact, all the following forms of abuse suffice:

Psychological or emotional abuse
Financial abuse
Immigration-based control

The relationship required for eligibility extends to former or current spouses, a parent and their abused child, or a child and their abused parent.

Protections and Benefits

VAWA can afford survivors of domestic violence deferred action, which protects against deportation, and work permits. In addition, a survivor can apply for a green card through an adjustment of status. Survivors can also qualify for forgiveness in relation to entering the United States illegally. Finally, VAWA ensures that all forms of credible evidence can support these protections. In other words, you aren’t required to have a police report or to have visible injuries to prevail.

Our Experienced New Jersey Immigration Attorney Is Here to Help

Kenneth Warren is our formidable New Jersey immigration lawyer at Warren Law Firm, and he appreciates the magnitude of your case. In response, he will leave no stone unturned in his focused efforts to help you obtain the protections you deserve. Learn more by contacting us online or giving our firm a call at 609-345-7717 today.