VAWA stands for the Violence Against Women Act that provides that spouses and children who experience abuse by their U.S. citizen or Lawful Permanent Resident spouse or parent no longer have to rely on the abuser to help them obtain lawful status in the United States. In order to qualify for a green card under VAWA, you must demonstrate that you meet all of the following requirements:
- The abuser is or was a U.S. citizen or green card holder (Lawful Permanent Resident).
- You are or were the spouse of an U.S. citizen or green card holder abuser, or the parent of a child who was abused by your green card holder or citizen spouse.
- The U.S. citizen or green card holder spouse abused you or your child during the marriage. The law requires the petitioner to show that he or she "has been battered or has been the subject of extreme cruelty."
You entered the marriage in "good faith" which means that you did not marry your spouse just to get a green card.
You must reside in the United States.
You must have lived with the LPR or USC abuser at some point.
You must be a person of good moral character.
- You do not have to show both.
- USCIS has found that many things qualify under this standard including being physically or sexually abused.
- USCIS will consider emotional abuse, controlling behaviors, threats to harm or deport you, forcibly detaining you against your will, and other behaviors used to scare you.
- This is not the full list of what may qualify.
Please contact us at Bhagat Law Firm for any inquiries regarding your Family VAWA case.