VAWA, the Violence Against Women Act was passed by the US Congress in 1994, the objective of the act was and is to protect non-US citizens from abuse. In the event the immigrant is subjected to domestic violence the law provides protection from the abuser by granting legal status without the abusers intervention.
All things being equal, a spouse, child or parent of a United States citizen or a legal permanent resident must be petitioned by the citizen or permanent resident in an effort to be granted a green card. As well as this proviso, should the marriage be less than two years in duration when legal permanent resident status is obtained, the status is conditional and the citizen or permanent resident spouse has to file a petition to have this conditional status removed and converted into full legal PR status.
If the relationship is mired down by domestic violence the law allows the non-citizen victim to hire a VAWA attorney in Chicago and petition for legal status independently, without any involvement on the part of the abuser.
What protection is available under VAWA?
The act provides three potential forms of relief, each of which have their own unique requirements.
Self-petition: As an abused non-citizen, if your abuser is a United States citizen, a legal PR, the parent of the abuser or the adult child of the abuser you can self-petition for legal PR with absolutely no involvement of the abuser.
Battered spouse waiver: This relief is available to those that have conditional permanent resident status and has been abused by a citizen or PR. The abuser is not required to file a joint petition.
VAWA cancellation of removal: If you are involved in deportation proceedings and you are abused by your citizen or PR spouse you may be able to apply for cancellation of your removal proceedings. In this extremely complex situation you must have a seasoned VAWA attorney in Chicago to represent your interests.
If you are a party to domestic violence you have the right to hire a VAWA attorney in Chicago and seek legal status without the involvement of the abuser. This is a complex matter; you are invited to contact Din Law, LLC for further information.