Designed to protect victims of abuse or extreme cruelty committed by:
A spouse or former spouse who is a U.S. citizen
A father who is a US citizen
A son or daughter who is a U.S. citizen
A lawful permanent resident (“Green Card”) who is your spouse or former spouse or
A parent who is a legal permanent resident (“Green Card”)
The VAWA law allows you to access the option of obtaining permanent residence in the United States. This somewhat complex immigration law seeks to protect victims from their aggressor.
Here we will tell you what the VAWA Law is and how it can be a means to obtain your Green Card in Minnesota . In this way, if you are in any of the counties of this state such as Hennepin, Ramsey, Dakota, Anoka, Olmsted, Stearns, Washington or any other, and you are a victim of domestic violence, you could obtain your permanent residence card if you qualify!
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What is VAWA Law?
VAWA (Violence Against Women Act) is a federal law in the United States that seeks to protect victims of domestic violence by providing them with legal immigration status. This law is not just about protecting women, protections are available to every individual regardless of sex, gender identity, or sexual orientation.
This law was created to offer a safe path for victims to leave situations of violence without worrying about being deported. For example, if you are the wife of a U.S. citizen, you live in a city in Minnesota such as Minneapolis, St. Paul, Bloomington, Rochester, Richfield, Brooklyn Center, Brooklyn Park, St. Cloud, Eagan, Burnsville, Shakopee, Chaska, Woodbury, Maple Grove, Coon Rapids, Eden Prairie, or another state in the United States, and you are a victim of abuse and violence, the VAWA law could protect you from the abuser and grant you residency!
How does VAWA Law work?
VAWA establishes a process by which victims of abuse can self-petition or self-appoint to obtain permanent immigration status independent of that of their abuser.
This means that the victim does not need to depend on the abuser to obtain legal status in the country. The so-called self-petition under the VAWA immigration law is filed through Form I-360.
This form is evaluated by the United States Citizenship and Immigration Services (USCIS). Once your self-petition under the United States VAWA law is approved, you can proceed with your application to obtain permanent residence (Green Card) without your abuser finding out.
At Santiago Legal we help you solve your immigration process.
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Requirements to be eligible for VAWA
To be a candidate for Permanent Residence for Self-Petitioners, it is important to meet the following requirements:
Qualifying Relationship
You must be the spouse, child, or parent of a U.S. citizen or permanent resident. Specifically, spouses, children under 21, and parents of U.S. citizens, as well as spouses and children of permanent residents, may qualify.
Abuse
Under VAWA, you must have been a victim of physical abuse, assault, or extreme cruelty (as the law calls it) by the U.S. citizen or permanent resident. Extreme abuse can include threats, financial control, emotional abuse, beatings, sexual abuse, among other forms.
Joint Residence
Another requirement is to have lived with the abuser at some point during the process of abuse and violence. Although it is not necessary that you live with the abuser at the time of submitting your application.
Good Moral Character
To apply for VAWA for women or men, you must prove that you have good moral character. This generally means not having a serious criminal record or any type of incident such as felonies, disorderly conduct, and others.
Marriage Test
If you are applying for VAWA as a spouse, you must show that your marriage was bona fide, meaning it was not a sham marriage to obtain your permanent residence.
Documentation
Along with all of the above requirements, if you decide to apply for VAWA for men or women you will need to submit certain documents. This may include evidence of the abuse or the relationship.
Additionally, no matter where you are from—whether you are Colombian, Mexican, Venezuelan, Ecuadorian, Chilean, Honduran, Salvadoran, Guatemalan, Nicaraguan, or of any other nationality—as long as you have a relationship with a U.S. citizen or permanent resident and meet the eligibility requirements, you can apply.
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What is the VAWA Self-Petition and How to Apply?
The VAWA self-petition is a process that allows victims of abuse to apply for permanent residency without involving or notifying the abuser. This process is crucial for protecting victims from retaliation, as the abuser has no role in the application.
To apply for a VAWA self-petition, you must file Form I-360 with USCIS. This form requires evidence of:
Your relationship with the abuser
The abuse you suffered
Your residence in the U.S.
Other supporting documents
You must also submit proof of abuse, which can include:
Police reports
Restraining orders
Testimonies from friends or family
Any other documentation that supports your case
Once submitted, USCIS will review your application. If approved, you can move on to the next step: applying for a Green Card (permanent residency).
You might also be interested in: How to Apply for a Green Card in Minnesota: The Ultimate Guide
Does VAWA Apply to Both Men and Women?
You should know that VAWA is inclusive and does not discriminate based on gender, meaning it protects all victims of domestic violence, regardless of whether they are men or women.
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Can I Work Under VAWA?
Once your VAWA self-petition has been approved and you have applied for a Green Card, you can request a work permit. This permit allows you to legally work in the United States while your Green Card application is being processed.
Having Immigration Attorneys’ Support Is Key
The VAWA process can be complex and bureaucratic. Having the guidance of experienced immigration attorneys is crucial for navigating the process smoothly.
If you live in Minneapolis, St. Paul, Bloomington, Rochester, Richfield, Brooklyn Center, Brooklyn Park, St. Cloud, Eagan, Burnsville, Shakopee, Chaska, Woodbury, Maple Grove, Coon Rapids, Blaine, Lakeville, Minnetonka, Apple Valley, Eden Prairie, or any other city in Minnesota—contact us! At Santiago Legal, we are here to help you on your path to permanent residency.
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This content is for informational purposes only and does not constitute legal advice.
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