Abused spouses, children and parents of United States citizens and lawful permanent residents (green card holders) may remain in the United States under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). Eligible applicants may file a self-petition under VAWA without the abuser knowing, allowing the victim to seek and obtain safety.
VAWA protects battered immigrants. This protective legislation evolves every several years. Approval of a VAWA self-petition leads to permanent residence (green card) and citizenship. You may be eligible for both VAWA and the “U” visa. VAWA is different than the U-Visa. Please see our page on the U-Visa for more information. It is important to discuss your eligibility for both VAWA and the U-Visa to determine the risks and benefits and what option is best for you. If you feel that you are in danger and fear for your life, contact the National Domestic Violence Hotline immediately or call the police. There are approximately 180 organizations that provide domestic violence services in California. Many of them are in Contra Costa County. See the complete list here. View Concord locations here.
My Contra Costa County practice helps individuals seek protection from abuse. Call my Concord office to determine if you are eligible for this protective measure. I provide services not only in Contra Costa County, but the Bay Area as well. Call (415) 527-5886 to schedule a consultation.
Who is eligible?
Spouse
If you are the spouse of a United States citizen or lawful permanent resident abuser, you may be eligible for relief under VAWA. You must be married to the United States citizen or lawful permanent resident abuser, or your marriage was terminated to the abuser by death or divorce related to the abuse, within two years of filing your self-petition. Alternatively, if you believed that you were lawfully married to your abuser, but your marriage was actually illegitimate due to your abuser’s bigamy, you may still be eligible.
Spouses of United States citizen or lawful permanent resident abusers are eligible if (1) they suffered abuse at the hands of the abuser OR (2) your child was abused by your spouse. You must have also entered into the marriage with your United States citizen or lawful permanent resident abuser in good faith, you lived with the abuser and you are a person of good moral character.
Children
Children of United States citizen or lawful permanent resident abusers or children of United States citizen or lawful permanent resident abusers who lost their status as a lawful permanent resident as a result of domestic violence are also eligible to file a VAWA self-petition.
United States citizen or lawful permanent resident abusers must have suffered abuse at the hands of the abuser, must have lived with the abuser and must be a person of good moral character. All children under the age of 14 are considered to have good moral character.
Parents
Parents of a United States citizen child may also file self-petitions if they suffered abuse at the hands of their child, if you lived with the child and if you are a person of good moral character.
What about my family?
Unmarried children of the abused applicant are eligible as derivative applicants. The children need not be physically present in the United States to be eligible.
Bay Area, Antioch, and Concord VAWA Lawyer
If you or someone you know wants to apply for protection from abuse under VAWA, please contact my Concord office today. I will work for you to determine your best course of action. Protect yourself and your loved ones. Escaping domestic violence can be extremely difficult, emotional, and terrifying. I will listen to your story. You are not alone. You have support from women everywhere. Strongly consider pursuing this protective measure. Contact my Conra Costa County office today at (415) 527-5886.