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If you’ve been the victim of domestic violence or extreme cruelty at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or child, you do not have to stay with them to gain immigration status.

The Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) is a federal statute that was signed into law in 1994. The VAWA implemented various federally funded programs for victims to get the help they need after experiencing rape, stalking, and domestic violence; and it intersects with immigration law in a significant way.

Below, an immigration attorney from American Immigration Attorneys Miami explains what victims need to know about VAWA and how it might affect them. Under VAWA and current immigrant laws, you may self-petition without the abusive party’s consent or knowledge.

Gathering Proof

To file a successful VAWA self-petition, you will need evidence of the abuse. If you have been the victim of domestic violence, this might include photographs of the injuries and medical records. If your spouse or parent is abusing you emotionally, on the other hand, you will have to find another way to demonstrate the reason for the self-petition, i.e. the emotional abuse. Evidence of emotional abuse might include voicemails, emails, and text messages.

No one should have to stay with an abuser for any reason, regardless of their citizenship status. Similarly, VAWA recognizes the difficulty and danger in leaving an abuser and does not require a victim leave his/her abuser to qualify to file a self-petition.

If you want to learn more about your rights under VAWA, turn to American Immigration Attorneys Miami. An immigration lawyer can review your circumstances to determine the best way to achieve your immigration goal. Visit the website to learn more about the unparalleled legal services this firm provides, or call (786) 502-3235, to speak with an immigration attorney. 

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