VAWA Immigrant Protections in Phoenix

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The Violence Against Women Act (VAWA) gives qualified individuals the opportunity for permanent residency in the U.S. if they were victims of domestic violence. VAWA plays a crucial role in helping domestic violence victims and children gain safety in the U.S. An experienced attorney could help you learn about VAWA immigrant protections in Phoenix and how you or your family members might qualify for legal U.S. residency.

What Is VAWA?

VAWA became law in 1994 with the goal of combating domestic violence and protecting victims of violence. For victims of domestic violence, sexual assault, stalking, and other crimes, it protects and supports victims while holding offenders responsible for their acts. VAWA protects victims regardless of their immigration status or gender, and can include:

  • Restraining orders to keep abusers away
  • Emergency assistance
  • Safety from eviction or termination of housing
  • Eligibility for federal and state benefits
  • Employment authorization
  • The ability to apply for a Green Card (for the applicant and their children)

Funding through VAWA also supports the maintenance of shelters, legal services, and phone hotlines to provide help to victims of abuse.

Applicants for services under VAWA can self-petition for immigration status and seek permanent residency through a Green Card. A self-petition means that the applicant does not need a sponsor to obtain U.S. immigration status. Instead, the application relies on the applicant’s own qualifications for legal status. For applicants in Phoenix with questions about the process or who are applying for the safety provisions under VAWA for the first time, it helps to seek assistance from an experienced immigration attorney.

Who Is Qualified for Protection Under VAWA?

Certain victims of domestic violence in the U.S. can self-petition under VAWA. Generally, victims must have suffered battery or extreme cruelty by a U.S. citizen or lawful permanent resident. Applicants typically include:

  • The abused spouse of a permanent resident or U.S. citizen
  • Spouses of a U.S. citizen or permanent resident who abused their children.
  • A parent of a U.S. citizen who suffered abuse from their citizen son or daughter
  • Persons under age 21, whose U.S. citizen or permanent resident parent abused them
  • In some cases, child victims may apply after turning 21, but they must explain the delay in filing and file before age 25.

In addition, abused spouses and abused persons under 21 can include their unmarried children under 21 in their application.

The government will also consider other factors to see if an applicant is qualified. These factors may include whether the spouses entered into the marriage in good faith, rather than to obtain an immigration benefit; whether the applicant lives with, or has lived with the abuser; and whether the applicant is of good moral character.

Our attorneys could help immigrant applicants in Phoenix understand how they qualify for VAWA protections and address any issues that might affect the application.

Contact a Phoenix Attorney About VAWA Immigrant Safeguards

VAWA is a federal law that helps domestic violence victims gain legal residency in the U.S. Certain requirements must be met, and a knowledgeable Phoenix attorney could help you understand the available VAWA immigrant protections. Contact our legal team today to schedule a private consultation.