VAWA stands for a law called the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions in US immigration law to protect victims of abuse who are not citizens of the United States. In cases of domestic violence, United States immigration law allows certain victims of abuse who are not citizens to obtain their legal status without having to depend on the abuser.

Typically, if you are the spouse, child, or parent of a United States Citizen (“USC”) or the spouse or child of a permanent resident legal (“LPR”) and you want to obtain your LPR status (often referred to as “having a green card”), the USC or LPR has to submit an application to Citizenship Services and Immigration Office (United States Citizenship and Immigration Services – USCIS) and may have to go with you to an interview with immigration authorities.

Also, if your marriage is less than two years old when you obtain your LPR status, you will usually receive something called a “conditional permanent residence” (known as a “conditional green card”). Your spouse should then complete a joint application with you to remove the “condition” so that you can obtain permanent residence without the condition.

However, in relationships where there is domestic violence, these requirements that family members who are USC or LPR have to participate are often used by the abuser as another form of abuse, gaining power and control over it. immigration status of the victim. Therefore, United States immigration law allows certain victims of abuse who are not citizens of the United States to obtain legal status on their own without the participation of the abuser.