VIOLENCE AGAINST WOMEN ACT
Under the Violence Against Women Act (VAWA), spouses and children of U.S. citizens or permanent residents can apply for legal residency if they have been victims of domestic violence. This law applies even if the person applying is undocumented and entered the United States illegally. If the VAWA application is approved, the immigrant’s illegal presence in the United States is forgiven, and they will be eligible for the green card. The person applying under this regulation must have been legally and in good faith married to a U.S. citizen or permanent resident who has committed domestic violence. The law also allows unmarried children of the assaulted husband who are under the age of 21 to obtain status as derivative beneficiaries. Similarly, VAWA provides the opportunity to apply by status for an unmarried child under the age of 21 who has been a victim of domestic violence. The parents of this minor in question may also apply as derivative beneficiaries. The abused spouse will only qualify for this program if the abuse occurred in the United States. The only exception is when the abusive spouse is an employee of the United States Government or a member of the United States Uniformed Services. It is important to know that emotional or psychological abuse also qualifies; it is not absolutely necessary to prove that the victim has suffered physical abuse. The law requires the victim to prove that they were subjected to “extreme cruelty,” which can include threats, verbal abuse, harassment, and other forms of emotional abuse, without the need for physical abuse. Our office has had great success obtaining VAWA status for women who were victims of various forms of cruelty or violence. In these applications, the police report of the abuse is beneficial, but not necessary. We have won these kinds of cases with witness statements, including family members.