Violence Against Women Act (VAWA)
Memphis and Nashville VAWA Attorneys
When an abusive U.S. citizen or permanent resident spouse or parent is unwilling to file for permanent residency on behalf of a spouse or children, they may be able to self-petition.
The Violence Against Women Act (VAWA) protects the foreign victim’s rights against domestic violence, abuse, or assault and battery by allowing them to self-sponsor for permanent residency. A battered spouse may self-petition and also petition on behalf of his or her abused children. Abused children under 21 may also self-petition.
Self-petitioning spouse
To qualify, the self-petitioning spouse must establish the following facts:
- Legal marriage to a U.S. citizen or legal permanent resident (LPR)
- Good moral character
- Abuse took place in the United States (unless married to a U.S. government employee or member of the U.S. military)
- Extreme cruelty to the U.S. citizen or LPR’s spouse or child during the marriage
- Good faith marriage, not for immigration benefits
Self-petitioning child
To qualify under VAWA, a child must establish:
- He or she is a child as defined in the Immigration and Nationality Act (INA). (See the U.S. Department of Foreign Affairs Manual Volume 9 - Visas, the section 9 FAM 40.1 N2 Child Defined)
- Other relevant evidence that proves the relationship with the parent
More detailed information is available at the How Do I Apply for Immigration Benefits as a Battered Spouse or Child? link on the USCIS website.
VAWA defenses
Aliens involved in deportation and removal proceedings may have VAWA defenses available, even if a previous removal order has been issued in immigration court.
Aliens who entered illegally may be able to self-petition under VAWA for permanent residency if married to a U.S. citizen.
Violent crime victims who help authorities take their assailants into custody may qualify for T or U visas.
Get the help you need
Abusive spouses often use the threat of deportation to prevent a child or spouse from seeking help. If you or someone close to you is a domestic violence victim, you can get information about shelters, healthcare and other assistance through the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 [TDD].
Lawyers at the Frager Law Firm advise VAWA victims of their legal rights. Contact us 24 hours a day at 901-371-5333. Or contact us during business hours:
- Call 901-763-3188 (Memphis)
- Call 615-366-1000 (Nashville)
- Call toll free 888-889-VISA (8472)
- Contact us online
