The Violence Against Women Act (VAWA) is a federal law first passed by Congress in 1994, a crucial piece of immigration law addressing the immigration issues faced by abused spouses and immigrant women in the United States. VAWA provides a route for both women and men who are undocumented victims of domestic abuse, physical violence, or extreme cruelty by a U.S. citizen or permanent resident spouse, parent, or adult child to obtain lawful permanent residence without having to rely on a family member to petition for them through the usual visa application process. Under VAWA, the abused person may “self-petition” for legal residency without the participation or knowledge of the abusive spouse or family member.

The applicant must prove their abuser is a U.S. citizen or resident spouse, that they have the requisite familial relationship, and that they have suffered abuse. This process involves navigating complex aspects of immigration law, and having an experienced immigration attorney can provide invaluable legal counsel and personal attention. The attorney will interact with immigration authorities and immigration officials at the U.S. Citizenship and Immigration Services (USCIS) to help you achieve your immigration goals.

Even if you don’t qualify for residence under VAWA, you may still have legal options to obtain legal status as a victim of a crime with a U-visa. Unlike VAWA, the U-visa does not require a familial relationship nor that the aggressor be a U.S. citizen or permanent resident. However, the application for a U-visa does require that a police report has been filed and that the applicant has complied with all requests from law enforcement in pursuing any charges. Once this evidence is provided, it, along with the required applications, can be filed with U.S. Immigration Services to obtain U-visa status. This status can eventually lead to permanent residency for the victim and their family, including children for immigration purposes.

Immigrant women and men often face language barriers, social isolation, and a lack of resources, especially when in an abusive relationship with intimate partners. They may fear an unfavorable immigration decision or non-compliance with immigration law. Our law firm in San Antonio offers a deep understanding of the complex immigration process and provides legal representation to help you gain freedom from abuse. We have a history of satisfied clients who have received their green card or residency card through our dedicated services.

If you have been victimized by domestic violence or abuse and don’t know where to turn, get yourself to a safe location and call the National Domestic Violence Hotline. They can connect you with resources and help you find a shelter in your area. For assistance locally in Bexar County, you can call Family Violence Prevention Services. Do not let your immigration status make you feel trapped in an unsafe situation. There IS help available through San Antonio Immigration Lawyers who are committed to assisting you in the legal process towards securing your legal rights and achieving your immigration goals.

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