Violence Against Women Act

The law firm of Beach-Oswald is committed to providing legal immigration services. We are devoted exclusively to immigration law.

The Violence Against Women Act (VAWA) provides immigration relief for non-citizens who are victims of domestic abuse.  The law allows victims to self-petition for legal status without relying on a U.S. citizen or LPR abuser.  The victim can also self-petition without their abuser’s knowledge.

You may be eligible to petition as a spouse for yourself under VAWA if

• If you are or were a victim of spousal abuse and your spouse is a U.S. citizen
• If you are or were a victim of spousal abuse and your spouse is a lawful permanent resident (LPR)
• If you are or were a victim of spousal abuse and your marriage to the abuser was terminated by death or divorce (relating to the abuse) within 2 years prior to filing
• If you are or were a victim of spousal abuse and your spouse lost or renounced citizenship or LPR status because of an incident of domestic abuse within 2 years prior to filing

To be eligible as a spouse, you also must prove:

• You entered into the marriage in good faith (and not solely for immigration benefits)
• You are living with or previously lived with your spouse
• You are a person of good moral character

What if I am a male spouse?

• You can obtain relief under VAWA whether you are male or female.  The provisions of VAWA apply equally to men and women

You may be eligible to petition as a parent for yourself under VAWA

• If you are a parent and your child was or is abused by your U.S. citizen spouse
• If you are a parent and your child was or is abused by your LPR spouse

To be eligible as a parent, you also must prove:

• You entered into the marriage in good faith (and not solely for immigration benefits)
• You are living with or previously lived with your spouse
• You are a person of good moral character

You also may be eligible to petition as a parent for yourself under VAWA

• If you are a parent and you are or were abused by your U.S. citizen child
• If you are a parent and you are or were abused by your child, and your child lost U.S. citizenship due to an incident of domestic abuse within 2 years prior to filing

To be eligible as a parent you also must prove:

• You are living with or have previously lived with the abusive son or daughter
• You are a person of good moral character

Is there an age requirement if I am an abused parent?

• There is no age requirement for you as an abused parent
• Your child, however, must be over the age of 21

You may be eligible to petition as a child for yourself under VAWA

• If you are an abused child and you were abused by your U.S. citizen/LPR parent and

To be eligible as a child, you also must prove:

• You are under 21 years of age
• You are unmarried
• You are living with or have previously lived with the abusive parent
• You have evidence to prove your relationship to your parent
• You are a person of good moral character (if you are between the ages of 14 and 21)

How can I petition for myself?

If you with to petition for yourself under VAWA, you must consult with an attorney.
(Contact Beach-Oswald about our experience with VAWA petitions)

• You must complete the Form I-360
• This is the Petition for Amerasian, Widow(er), or Special Immigrant
• You also must include all required documentation on the firm
• You must file the form with the Vermont Service Center (VSC)

What if I am eligible, but I am currently in removal proceedings?

• You may be eligible for a VAWA cancellation of removal
• To be eligible, you must prove:
• You have been placed in removal proceedings
• You otherwise fit the requirements of eligibility under VAWA listed above

If you need a US immigration lawyer to professionally manage your visa matters, Beach-Oswald Immigration Law Associates, PC will confidently navigate your case through the complex US immigration law process.

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If you would like to arrange for a personal consultation with a US immigration attorney, please click here or contact us by telephone at (202) 331-3074, or e-mail at info@boilapc.com. We look forward to assisting you.