Violence Against Women Act FAQ's

1.What is the Violence Against Women Act (VAWA)?
 VAWA is federal legislation that provides protection and assistance to survivors of domestic violence, including immigrants, regardless of sex or gender.

2. Who can file a VAWA self-petition?
   Spouses, children, and parents abused by a U.S. citizen or lawful permanent resident (LPR) may file a self-petition for lawful status.

3. Can men apply for VAWA? Yes, VAWA applies equally to all victims of domestic violence, including men.

4. Are LGBTQ+ individuals eligible for VAWA?
   Yes, LGBTQ+ individuals facing abuse from a U.S. citizen or LPR family member can apply for VAWA.

5. What evidence is required for a VAWA self-petition?
   Evidence may include police reports, court documents, medical records, photos, affidavits from witnesses, and any other relevant documents.

6. How does an immigration law firm assist with VAWA cases?
   A law firm can help gather evidence, complete necessary forms, and provide legal representation throughout the VAWA petition process.

7. Is VAWA only for married women with abusive U.S. citizen or LPR husbands?
   No, VAWA covers spouses, children, and parents abused by U.S. citizens or LPRs, including non-married partnerships.

8. Is a VAWA self-petition confidential?
   Yes, information provided in a VAWA self-petition is kept confidential from the abuser and not disclosed without the petitioner's permission.

9. What happens if I get divorced during the VAWA process?
   Divorce does not necessarily disqualify you from VAWA eligibility, especially if filed within two years of the divorce, based on a connection to the abuse.

10. Do I receive any benefits while my VAWA application is pending?
   You may be eligible for certain public benefits and may obtain a work permit once your prima facie case is established or your petition is approved.

11. What is the legal standard of proof for a VAWA petition?
   The standard is 'preponderance of the evidence,' meaning it's more likely than not that the abuse occurred.

12. Can VAWA petitions be filed if someone is in removal proceedings?
   Yes, VAWA petitions can be filed during removal proceedings and may result in a stay of removal.

13. Can immigrants on non-immigrant visas utilize VAWA?
   Yes, non-immigrants who are abused by a qualifying relative may also be eligible for VAWA.

14. Can filing a VAWA petition negatively impact my immigration status?
   Filing a VAWA petition is a confidential process and does not negatively affect your current immigration status.

15. What are the risks and benefits of filing a VAWA petition?
   The risks are minimal due to the confidentiality of the process, while benefits include obtaining lawful status, work authorization, and safety from abuse.