VIOLENCE AGAINST WOMEN ACT (“VAWA”)

by Sharmila Nambiar

In some circumstances, divorce may cause immigration issues for the divorcing parties. One of the parties may not be a US citizen or lawful permanent resident and may have immigrated or applied for legal status based on marriage to a citizen or resident. Divorce, therefore, can pose additional problems, especially when the immigrant spouse has been subjected to domestic violence or spousal abuse.


In response to concerns about domestic violence, Congress passed the Violence Against Women Act (VAWA) in 1994, updated in 2000 and 2006. Among other things, this act provides protections for immigrant spouses and children who have been subject to extreme cruelty by a spouse or parent who are US citizens or permanent residents. A battered spouse can self-petition for permanent resident status. This can be done without the assistance or intervention of the battering spouse, since, in many cases, the battering spouse uses immigration status as a means of threatening or controlling the alien spouse. Petitioning can be done without the knowledge of the abusive spouse, and the United States Citizenship and Immigration Services (USCIS) is legally barred from notifying the abusive spouse that the petitioner is applying. The Act is not limited to women, and can be filed by abused spouses of either gender.


The application process involves filing the Form I-360. Additionally, the applicant must include supporting documentation to establish the history of abuse by the other spouse. In addition to physical abuse, USCIS does consider other types of abuse in the relationship, including emotional and psychological abuse. In families with abusive relationships, many times the evidence of the abuse may not have been documented with authorities such as the police courts; however, there are other ways to document the abusive nature of a relationship and you should seek counsel under those circumstances.

Sharmila Nambiar
Attorney at Law
6045 Atlantic Blvd.Norcross, GA 30071
(770) 239-7411
svnambiar@earthlink.net