VAWA and other options for survivors of domestic violence

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Massachusetts Law Reform Institute
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If you are a survivor of domestic violence, you have the right to be safe. You have this right no matter what your legal status is in the U.S. You may also be able to change your immigration status to get a legal status.

Immigration law can be complicated. It is important to talk to a good immigration lawyer to find out what your options are to change your legal status.

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Can I call the police or ask for a restraining order if I don’t have legal status in the U.S.?

Yes. You may worry that you don’t have the right to call the police if you are being abused, but that is not true.


"Domestic violence" refers to many kinds of abuse committed by a member of a family, a household, or an intimate partner against another member of the family, household, or against the intimate partner.


When you contact police about domestic violence, their duty is to protect you from your abuser. They are not supposed to call ICE to tell them you are in the U.S. without legal status.


If you are afraid of your abuser or think they may hurt you, you can go to the court or the police to ask for protection. You can ask for a restraining order. See 209 Restraining Orders.

Can I get legal status through VAWA if the relative abusing me is a U.S. Citizen or Green Card holder?

Yes. If you are married to, the child of, or the parent of the person abusing you, you may be able to get legal status through the Violence Against Women Act (VAWA). VAWA was created to protect survivors of domestic violence. It gives specific protections for people without legal status in the U.S. VAWA also protects men, children and parents who are survivors of domestic violence.

By law, U.S. citizens and lawful permanent residents (“green card holders”) can petition for their spouses, children and parents to get legal status.

But abusers often: 

  • refuse to help you apply for immigration status, 
  • may promise to apply for you, but never help, or
  • may threaten to contact immigration and report you.

VAWA helps victims of domestic violence by letting them petition for their own legal status without the abuser’s help or knowledge. 

How do I petition for legal status through VAWA?

If you are a survivor of domestic violence and your abuser is a citizen or lawful permanent resident (“green card holder”), you can apply by using the form titled “I-360, Petition for Amerasian, Widow(er), or Special Immigrant." You also need to include evidence to prove that you meet the requirements for VAWA. Contact an immigration lawyer if you want to self-petition under VAWA laws.

What are the requirements for VAWA?

If you have been abused by your spouse, you can self-petition for status if:

  1. You are legally married to a U.S. citizen or permanent resident abuser OR you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage turned out to be not legal.
  2. You suffered battery or extreme cruelty by your U.S. citizen or permanent resident spouse OR  your child suffered physical abuse or extreme cruelty by your U.S. or permanent resident spouse.
  3. You got married in good faith. This means you did not get married just for immigration benefits
  4. You lived with your spouse
  5. You are a person of good moral character. This often means a person who has not broken any U.S. laws or committed any serious crimes.


If you have been abused by your parent, you can self-petition for status if:

  1. You are the child of a U.S. citizen or permanent resident abuser
  2. You suffered physical abuse or extreme cruelty by your U.S. citizen or permanent resident parent
  3. You lived with your abusive parent and
  4. You are a person of good moral character. This often means a person who has not broken any U.S. laws or committed any serious crimes. Immigration assumes that a child under the age of 14 has good moral character.

If you have been abused by your child, you can self-petition for status if:

  1. You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed
  2. You suffered physical abuse or extreme cruelty by your U.S. citizen son or daughter
  3. You lived with the abusive son or daughter and
  4. You are a person of good moral character. This often means a person who has not broken any U.S. laws or committed any serious crimes.
What kind of evidence do I need?

Collecting the evidence you need can be complicated. Try to get as many of these things as you can, without putting yourself or others in danger:

  • Your marriage certificate – if you are filing a petition based on an abusive spouse
  • Birth certificates – if you are filing based on an abusive parent or child
  • Evidence that you and the abuser lived together. Things like:  
    • birth certificates of children
    • bills
    • leases
    • family photos
    • tax returns, etc.
  • Evidence that you had a real marriage, not just for a green card. Things like pictures, cards, statements from friends or family, etc.
  • Proof of the abuse. This can be things like:
    • restraining or civil protection orders 
    • police reports 
    • medical records 
    • criminal records of the abuser 
    • a letter from a Domestic Violence Crisis Center
    • counseling records 
    • photographs of injuries or bruises 
    • affidavits of the witnesses describing the abuse, or 
    • affidavits from others who may know about the abuse 
  • Evidence of “good moral character.” Like proof that you have no criminal record, a letter from your religious institution, or evidence of community involvement,
  • You must provide a written statement describing your relationship with the abuser.

Here is a helpful guide for document gathering.
 

What if my abuser died, lost their legal status, or I am divorced?
  • If your abuser died, you may still self-petition for legal status within 2 years of their death. 
  • If you are divorced, you may still file a self-petition within 2 years of when the divorce is final.  
  • If your abuser has lost their own legal status due to domestic violence, you can still submit a self-petition within 2 years of their loss of status. 
What if I am in immigration court?

You can still apply for VAWA or apply for another type of relief called "cancellation of removal" if you are in immigration court. You can get cancellation of removal even if you are divorced from your abusive spouse when you apply. To qualify for cancellation of removal, you also have to submit Form EOIR-42b and you may want to also submit a regular self-petition. You need to show that you have been in the U.S. for at least 3 years without leaving.

What happens if I win my VAWA case?

If you win your VAWA case, you are given “deferred action” and a work authorization card. “Deferred action” lets you stay in the US legally and you can work legally. You may also be eligible to apply for lawful permanent residence (green card) based on VAWA. If you can apply and when you can apply depends on a lot of factors. It depends on things like your past immigration history, criminal history, and your abuser’s status (green card holder or U.S. citizen). 

If I have a conditional or temporary green card, can I still self-petition through VAWA?

If you have a conditional green card (valid for 2 years) but your spouse is abusive, you file a different petition. You file  I-751, Petition to Remove Conditions on Residence. This is an application for a permanent green card. A permanent green card is valid for 10 years. Normally, you file a petition with your spouse. But you can file on our own and explain that your spouse is abusive. You need to submit the same type of evidence listed above for the VAWA petition (I-360).

What if my abuser is not a U.S. citizen or lawful permanent resident or if I was never married to the abuser?

Even if your abuser is not a U.S. citizen or permanent resident, there may be other ways for you to get protection through legal status. For example, a U-visa can be a way to get legal status if:

  • you have been a victim of a crime and 
  • you have been, or are willing to be, helpful in the investigation or prosecution of this crime.

In a domestic violence situation, you could be eligible for a U visa if:

  • you contacted the police
  • your abuser was arrested
  • you helped the district attorney’s office
  • you testified in court against your abuser, or helped in some other way

Talk to an immigration lawyer and ask about the U Visa.
 

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Who to call for help with domestic violence
DV - Who to call for help

Call 911 if you are in danger right now.

If you are not in immediate danger, you can contact:

See Jane Doe's list of Massachusetts domestic violence programs and court resources for safety and support.

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