What You Need to Know About VAWA as an Immigrant in the U.S.

what you need to know about Vawa

Can you really fix your immigration papers without leaving the United States? YES! Here’s one way to do so, but remember, there are so many other options available as well.

Are you living in the United States undocumented? Did you enter without a valid visa? Do you have a previous deportation or criminal history? What if I told you there is still a way for you to get a valid work permit, travel permit and residency?

If you are currently married, separated or divorced within the last two years, with a lawful permanent resident or citizen spouse or you have a child who is 21 years old and a citizen, you may qualify for an option in which you can fix your immigration papers without leaving the United States. Does that sound too good to be true? It isn’t.

The option I am talking about falls under VAWA, the Violence Against Women Act, and it has several requirements. In order to determine if your specific situation qualifies for this option, you must consult with an experienced attorney first. What is VAWA and how can it help you?

VAWA or the Violence Against Women Act was enacted in —- in order to protect undocumented immigrants who were in toxic or abusive relationships and who felt trapped in those relationships because their abuser was their only ticket to getting a green card. It is important to note that while the name mentions women only, men can also apply under VAWA. 

Imagine that you are married to a green card holder or citizen who regularly insults and belittles you, who doesn’t’ respect you, and subjects you to verbal, emotional, physical or sexual abuse. Imagine if that partner threatens to call Immigration on you every time s/he is annoyed or angry with you. Maybe you feel powerless in your relationship and feel that you have no one to turn to. You’re too scared to call the police or to seek help because you are afraid of being deported. Maybe you have children who depend on you, and if you were to speak out, you may lose your chance at being their parent. Maybe your every move and phone calls are being monitored and controlled or you simply feel voiceless and powerless.

These same feelings of helplessness may hold true with your citizen adult child, who manipulates your undocumented status to his or her benefit. If it feels as if your child wields all the power in your relationship or that you are unable to reprimand or speak openly to him or her for fear of being deported, you may be in a toxic relationship. If this is coupled with abusive behavior, complete disregard of your feelings or well-being, taunts, insults, a refusal to help you gain residency and so many other concerning actions, you may fit the criteria needed for a VAWA application. Again, a thorough analysis is needed by an attorney to determine your eligibility.

In any of these instances, you may qualify for VAWA and be able to petition for yourself without the help of your abuser. VAWA is a fantastic tool for victims to take control of their own lives. No person should feel so dependent on another that they cannot change their future on their own. VAWA allows you to stand up and take charge of your circumstances. You can finally decide that enough is enough and petition for your own work permit, travel permit and green card without having to leave the United States.

The process is empowering for so many individuals. While the circumstances that bring you to petition for VAWA may be dark and emotional, the end result of gaining legal papers is validation that you deserve to be here. Despite what you have been through, you deserve to live, work and travel freely without fear of deportation. Filing a VAWA application can be the first step to the freedom that you so clearly deserve.

In any of these instances, you may qualify for VAWA and be able to petition for yourself without the help of your abuser. VAWA is a fantastic tool for victims to take control of their own lives. No person should feel so dependent on another that they cannot change their future on their own. VAWA allows you to stand up and take charge of your circumstances. You can finally decide that enough is enough and petition for your own work permit, travel permit and green card without having to leave the United States.

The process is empowering for so many individuals. While the circumstances that bring you to petition for VAWA may be dark and emotional, the end result of gaining legal papers is validation that you deserve to be here. Despite what you have been through, you deserve to live, work and travel freely without fear of deportation. Filing a VAWA application can be the first step to the freedom that you so clearly deserve.