violence against women act (vawa) how to identify and refer victims for services
TRANSCRIPT
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Originally enacted in 1994 and reauthorized in 2000 and 2005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