Immigration options under the Violence Against Women Act

Immigration options under the Violence Against Women Act

On Behalf of | Feb 24, 2021 | Immigration |

Citizenship or a green card is often a strong path for an immigrant to legally work toward bringing their loved ones into the United States. However, not all individuals who have attained citizenship or legal status in the country act with their immigrant relatives’ best interests in mind. In Florida and throughout the United States, some nonresident immigrants live in fear of their citizen or legal status relations because of violence and threats of harm.

An individual who wishes to live legally in the United States but who cannot rely on the help of a violent relative to sponsor them may have options under the Violence Against Women Act (VAWA) to seek immigration pathways. This post does not offer legal advice and discusses a complicated area of immigration law. Those with questions about immigration through VAWA can discuss their concerns with trusted Florida-based immigration attorneys.

Who can seek to immigrate through VAWA?

Not all individuals related to violent citizen or legal resident family members can seek immigration through VAWA. This immigration path is limited to certain familial relationships. They include spouses, parents, and children of violent or abusive citizens or legal residents. If a person has one of these relationships to an abusive legal resident or citizen relative, they may be able to us VAWA to begin their immigration process.

What protections does VAWA provide to abused noncitizens?

Immigration through VAWA for abused individuals provides a safe path toward legal status in the United States. A victim of abuse can file their paperwork without the knowledge or signature of their abusive family member, and can pursue immigration without their involvement. In some situations, abused noncitizens can divorce or separate from their abusive citizen or legal resident partners before their immigration proceedings finish and still qualify for legal status in the United States.

No person should be forced to stay with an abusive family member because they are worried about their immigration status. There are options under the law for those caught in this vicious and violent situation. Immigration attorneys can offer guidance and support for individuals caught in this difficult process.