For many immigrants, their legal status in the U.S. depends on a spouse. In abusive relationships, this dependency can become a tool for control. Abusive spouses may delay or refuse to help with immigration paperwork to keep their partner dependent and trapped. Thankfully, the Violence Against Women Act (VAWA) offers a path to freedom, giving victims a way to apply for legal status without needing help from an abusive partner.
How Abuse Can Affect Immigration Status
Immigrant survivors of domestic violence often find themselves in a difficult position. Without immigration documents, they may feel stuck, unable to leave a harmful situation. An abusive spouse may threaten to report them to immigration or refuse to file paperwork on their behalf, using their dependent status to maintain control. These tactics make survivors feel isolated and afraid to seek help.
Real Case Example: Gaining Freedom with VAWA
Recently, we worked with a man from Jamaica, whose U.S. citizen wife was both physically and emotionally abusive. She had promised to start his green card application but never did, instead using his lack of status to keep him dependent on her. She even went as far as making him believe that without her cooperation, he could never secure a green card.
In his case, the only documented evidence of the abuse was a police report showing that they both were arrested during a domestic dispute. The police report helped us show that he had been acting in self-defense. We built his VAWA petition and were able to get his green card approved, allowing him to live independently, free from his abuser.
How VAWA Can Help You
The Violence Against Women Act (VAWA) allows immigrant victims of abuse by a U.S. citizen or lawful permanent resident spouse to apply for a green card on their own. Through VAWA, survivors can “self-petition,” meaning they don’t need their spouse’s help or permission. This is a critical option for survivors who want to break free and secure their own future in the U.S.
VAWA applicants need to show that they lived with the abusive spouse, that they were abused during the marriage, and that the marriage was real. Importantly, a police report is not required for a VAWA application. In fact, many successful VAWA cases don’t involve police reports at all. Evidence of abuse can come from friends, family, neighbors, medical records, or counselors. We’ve successfully helped clients get approved with just written statements and other forms of evidence.
Finding Support and Taking the First Step
If you or someone you know is an immigrant facing abuse, VAWA offers a way out. Organizations like the National Domestic Violence Hotline and local shelters provide confidential support. There are also legal aid organizations and advocates who can guide survivors through the VAWA process and help them gather the right evidence.
You are not alone, and with the right support, you can find a safe path forward. VAWA exists to help survivors take back their independence and build a life free from abuse.
For a consultation with our experienced VAWA immigration attorney call 321-325-1125 or text (321) 204-7718.
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