Despite the myths that abound regarding the Violence Against Women Act (VAWA), it still has a very valid purpose in helping people escape from abusive situations—both men and women—though the title of the Act remains the same. While there was a great deal of talk this past year about its funding and how the Act is inefficient, the fact remains that it saves lives.

The Passing of VAWA

The Violence Against Women Act was originally passed in 1994, and was intended to set basic protections for women of both citizen and non-citizen status. Some of the cornerstones of the act when passed included:

• A significantly larger budget used to prosecute violent crimes against women;
• Promulgation of the federal rape shield law;
• Increased victim services budgets (for things like rape crisis centers and hotlines, as well as aid fleeing victims of domestic violence);
• The right to sue one’s attacker in federal civil court; and
• New options for immigrant women to obtain legal status apart from their abusive relationships.

The right to sue one’s attacker was struck down in United States v. Morrison, 529 U.S. 598 (2000), wherein the Supreme Court held it to be an overreach of Congressional power. However, the main body of the Act remains intact, even after an acrimonious reauthorization battle in 2013.

Immigrant Protections

One of the major reasons for the acrimony was that some lawmakers wanted to dial down the protections for immigrant women that are contained within VAWA. However, the Act was reauthorized with its critical component of “self-petitioning” intact.

A woman may petition for Lawful Permanent Resident (LPR) status under VAWA entirely on her own. Usually, a non-citizen woman would need a sponsor for her petition. But too often, the only option is an abusive spouse, parent or child. Thus, the ‘self-petitioning’ ability can be critical. There are few requirements one has to meet in order to be able to self-petition; however, the ability to self-petition is not the same as being able to have that petition granted.

The person must prove that he or she has been battered and “subject to extreme cruelty” by their U.S. citizen (or LPR) spouse, parent or child. He or she must also prove that the marriage was entered into in good faith (if his or her spouse is the abuser), and that the abuse occurred mostly in the United States. A police report is not required—too many women are terrified of calling the police, both for fear of reprisals from their spouse or family member, and for fear that the police will call Immigration & Customs Enforcement (ICE).

The factor that people often have the most trouble with is that the self-petitioner must show “good moral character.” Usually, that means discussing an immigration record that may or may not involve immigrating while undocumented. This is not a deal-breaker, but this and any other transgressions need to be explained. Most can be waived. Unless the petitioner has an aggravated felony on his or her record, there will likely be a waiver available.

Contact an Immigration Attorney Today

Getting away from an abuser is a difficult, harrowing challenge. Sometimes, help is needed. If you need advice on how to self-petition under VAWA, contact an experienced Chicago immigration attorney today.