If you do not have permanent residence or citizenship, it is easy to feel you have no choice but to put up with an abusive relationship. The Violence Against Women Act (VAWA) may be able to help if this is your situation.
If you are an immigrant victim of domestic violence, the immigration laws under VAWA allow you to submit an immigration petition so you can stay in the U.S. without needing to rely on anyone else (such as your abuser) to sponsor you. You won’t even have to tell them you are applying as you can file the petition yourself, known as self-petitioning, and the entire process is confidential. It is important to note that VAWA protects both women and men.
Who can apply?
You can only self petition under VAWA if you suffer battery or extreme cruelty perpetrated by one of the following:
- A spouse or former spouse who is either a U.S. citizen or lawful permanent resident
- A parent who is either a U.S. citizen or lawful permanent resident
- A son or daughter who is a U.S. citizen
Can you apply for your children too?
If you are a parent, your children may be the only reason you have not fled the abusive situation (and perhaps the country) already. Your abuser probably knows this and assumes they can keep mistreating you because you would never leave your children.
Fortunately, you may also be able to apply for your children under the umbrella of your application, provided your children are under 21 and remain unmarried.
Situations like this can be extremely delicate. If your abuser finds out you are self-petitioning, they may become even more of a threat to your safety. It is important that you get legal assistance to learn more about the application process and how you can protect yourself and your family.
Contacting the National Domestic Violence Hotline can be a good first step. If you would like legal advice regarding your options, please contact our office at (727) 471-0677.