by Kasey Husk Every October, the United States places special emphasis on combating the nation's domestic violence epidemic during Domestic Violence Awareness Month. Advocates gather to celebrate the progress made so far, work toward a better future, and mourn the lives lost to domestic violence. At Eagan Immigration, we support survivors of domestic violence. We hear you. We believe you. And we will use every legal tool at our disposal to protect you. In the United States, more than 1 in 3 women and 1 in 4 men will experience some form of physical or sexual violence at the hands of an intimate partner during their lifetime. Psychological abuse is even more common, with nearly half of all women and men experiencing some form of this abuse. While a common refrain among people outside an abusive situation is to “just leave,” the truth is that escaping an abusive relationship is much harder than most people think. On average, people will try to leave their abusers seven times before ending for good. In mixed-status families—that is, a relationship in which one partner has legal status in the United States and the other does not—escaping a bad situation can be even more difficult. The lack of status in the United States makes individuals experiencing intimate partner abuse especially vulnerable to abuse. Abusive partners often use the power differential created by their victims“ lack of status to control them, frequently convincing them that they will be deported or lose their children if they try to report the abuse to authorities. Other times, they weaponize the financial challenges that are often inherent to being undocumented to force their victims to remain in the relationship. While abusers who have legal status in the United States often have options to help their partners obtain status, they may be reluctant to give up this ”power" by moving forward with such a petition.

Here is where VAWA self-petitions can help

The Violence Against Women Act allows undocumented individuals who are victims of physical, psychological, sexual, or financial abuse to seek lawful permanent resident status in the United States based on their relationship with their abuser. Individuals can file this petition on their own, without their abuser knowing that they are doing so. Contrary to the name, Both men and women can apply for this protection. Applicants may even be separated or divorced from their abusers, as long as they divorced within the past two years and have not remarried. Even individuals who might otherwise be inadmissible to the United States can often apply for waivers along with their VAWA self-petition, allowing them to overcome grounds that would normally mean they could not adjust their status. In short, these petitioners are a lifeline that can help people in abusive situations obtain the status they need to finally allow them to leave a bad relationship.

A brief history of VAWA self-petitions

The Violence Against Women Act (VAWA) was first passed by Congress in 1994 as a comprehensive program designed to help prevent and respond to domestic violence. While numerous programs and laws stemmed from this initial legislation, the most important impact for immigrants was the creation of the VAWA self-petition. Under the family-based immigration process, U.S. citizens and lawful permanent residents were already able to petition for certain family members to immigrate to the United States or to adjust their status if they are already here, depending on the circumstances. However, in 1994, Congress recognized that leaving the power to petition for a partner exclusively in the hands of the U.S. citizen or LPR partner was allowing many abusers to continue oppressing their victims. By allowing victims to self-petition, it deprives abusers of this specific method of control. In the nearly 30 years since this legislation was passed, Congress has repeatedly reauthorized the Violence Against Women Act, each time expanding eligibility and benefits for VAWA self-petitioners.

What qualifies as abuse?

Physical abuse is often the easiest for victims of abuse to identify: it can mean shoving, hitting, punching, slapping, throwing things at someone, “accidentally” hurting them, or even making someone believe you will hurt them through violent actions, such as punching walls. But while many people think that “abuse” refers purely to physical violence, the truth is that a relationship can be abusive even if the perpetrator never lays a hand on you. At Eagan Immigration, we often build VAWA spousal abuse cases based exclusively on psychological, sexual, and financial abuse. Wondering if your relationship could be considered abusive? Here is a short list of some psychologically, sexually, and financially abusive behaviors.

  These are far from an exhaustive list of possibly abusive behaviors. A good rule of thumb is to think about how your partner makes you feel. Do you feel like you are always wrong? Like you can't do anything right in your partner's eyes? Are you constantly walking on eggshells to avoid making your partner angry? Do you worry that they will retaliate in some way if you do something “wrong”? If so, you may be in an abusive relationship. Not sure? Eagan can help you figure it out.

What are the advantages of filing a VAWA self-petition?

The main benefit of seeking a VAWA self-petition is that it allows for the immigrant's self-determination; there is no need to wait for a spouse to decide to apply for you. An approved VAWA can lead to a green card and, ultimately, citizenship. Other advantages of VAWA petitions include:

• Applicants can receive a work permit within six to 12 months of applying.
• Applicants who are separated from their abusive spouse or who divorced him/her less than two years ago (and have not remarried) may still apply for VAWA.
• Applicants may, under specific circumstances, include their undocumented children as dependents in their application.
• Applicants who are normally inadmissible to the United States due to past immigration violations can sometimes have these violations forgiven by applying for waivers of the grounds of inadmissibility.
• Applicants can apply for VAWA based on marriage, even if they are not legally married, if their state recognizes common-law marriage and their relationship qualifies.
• Applicants in same-sex marriages receive the same treatment as heterosexual couples.

Possible alternatives to VAWA self-petitions

While VAWA self-petitions are the classic way to adjust status based on an abusive relationship, they are not the only available path. If filing a VAWA self-petition is not the right path for you, there are other options to help you obtain legal status in the United States. T Visas. T visas are available to victims of human trafficking. In certain situations, a romantic relationship can turn into a human trafficking situation, even if an individual initially entered voluntarily. The difference in this case is  motivation; Is the abusive partner forcing their victim to perform some type of domestic labor, such as childcare, cooking, or cleaning according to their exact specifications, or perhaps work and hand over their entire salary? Are they using force, fraud, or coercion to bend the victim to their will? It is important that the trafficker/partner is using, explicitly or implicitly, the victim's lack of status against them in some way. These are complicated cases, but one of the benefits of seeking a T Visa based on domestic violence / involuntary servitude is that the abuser does not need to be a US citizen or LPR. If T Visa status is granted, it protects the applicant from deportation for four years and allows them to work legally. After three years of continuous presence in the United States, applicants may apply for lawful permanent resident status. U Visas. U visas are available to victims of certain serious crimes in which a victim suffered mental or physical abuse. The victim must assist law enforcement or government officials in the investigation or prosecution of the crime. Domestic violence can qualify as the type of serious crime for which victims could apply for a U Visa. If U Visa status is granted, victims will have legal status in the United States for four years, allowing them to live and work legally without fear of deportation. After three years of continuous presence in the United States, applicants may apply for a green card. Every set of circumstances is different, as is the specific set of requirements for each visa, so figuring out the right path to seek status in the United States can be complicated. However, experienced immigration attorneys in Eagan can help you determine if any of these routes is the right next step for you.

No one should feel trapped in an abusive relationship. Abusers want you to believe that being undocumented means you have no rights or power. Eagan Immigration wants you to know that is not true. 

Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.

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