violence against women act (vawa) how to identify and refer victims for services

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Violence Against Women Act (VAWA)

How to identify and refer victims for services

Violence Against Women Act (VAWA)

Originally enacted in 1994 and reauthorized in 2000 and 2005

Created in part as a response to special vulnerabilities of immigrant domestic violence victims

Similar to family-sponsored application, but does not require assistance of the abuser

Who can file a VAWA self-petition?1. Abused spouses or former spouses of U.S.

citizens or lawful permanent residents (LPR);

2. Abused children of a U.S. citizen or LPR; 3. Abused parents of a U.S. citizens sons or

daughters; and 4. Non-abused spouses who are parents of a

child abused by a U.S. citizen or LPR parent, if filing jointly with his or her child’s petition.

What does the self-petitioner have to show? Status of the abuser Marriage (or parent/child relationship) Abuse Residence Good moral character

Status of the abuser

Is or was a U.S. citizen or LPR Can self-petition within 2 years of

abuser losing status as long as loss of status is related to the abuse

Marriage issues

Self-petitioner is or was married USC or LPR abuser

Includes common law marriage where recognized by law

Marriage must have been entered into in “good faith”

Stepchildren are included

Abuse issues

Battery – 1 incident of physical violence is sufficient

Extreme Cruelty – verbal/psychological abuse that goes beyond normal marital problems; any other form of domestic violence that does not involve battery

“Any credible evidence” standard applies

Residence issues

Lived with the abuser in the U.S. (current or prior)

Either lives in the U.S., was subjected to abuse by LPR or USC spouse in the U.S. or the abuser was an employee of the U.S. government or armed forces

Good Moral Character

Self-petitioner is person of GMC for 3 years prior to filing

Waivers are available if conduct is related to the abuse

Mechanics of filing

Form I-360 filed with Vermont Service Center with supporting documents

If approved, self-petitioner is granted deferred action and is eligible to apply for a work permit

Can apply for adjustment of status to become LPR

Questions

For more information contact:

Erica Schommer

Texas RioGrande Legal Aid, Inc.

300 S. Texas Blvd

Weslaco, TX 78596

(956) 447-4806

Eschommer@trla.org

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