Being a victim of domestic abuse is tragic and it seems a bit odd to discus the potential immigration benefits if you have been abused. In spite of its name, the Violence Against Women Act is not restricted to women only, but it does require technical compliance and a favorable exercise of discretion. To qualify, the abuse must be at the hands of a U.S. Citizen or a Lawful Permanent Resident who is a spouse, former spouse, or even an intended spouse meaning that there must be a "bona fide" or "valid" marriage in the country where the marriage occurred or at least the spouse petitioning for VAWA believed the marriage was "valid". VAWA also applies to a parent who is abused as well as the parent of an abused child. The general qualifications are as follows:
- In the United States at least 3 years before filing
- Be a person of good moral character
- Not inadmissible for reasons such as criminal convictions, terrorism, marriage fraud, etc.
- Removal would cause "extreme hardship"
Each element (especially "extreme hardship") is fact specific and retries an analysis for qualification. VAWA can be petitioned for with USCIS or used in deportation proceedings to cancel removal. Contact me today to see if you can qualify for VAWA relief.
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