VAWA Lawyers in Oakland

Serving Clients Throughout California

No one should be asked to tolerate the pain, the indignity, the terror, and the shame of domestic abuse. What’s particularly sad is how many survivors feel that they must do just that, either out of fear of or obligation to their attacker or a sense that they will not be believed. Victims of crimes who are immigrants are even less likely to report that they’ve been abused, because in addition to those other matters, they also fear the risk of being deported.

No one should have to suffer through the pain of physical or mental abuse. But if this unfortunate incident has already occurred, then the survivors should definitely not have to worry about being detained and deported from the country they call home.

Immigration attorneys may be able to help victims in obtaining protections from deportation. Just as the U visa provides protections to immigrants who are victims of serious crimes, VAWA could offer similar protections to immigrants who are victims of domestic violence and abuse. Call Landerholm Immigration at (510) 491-0291 to discuss your options.

Who Qualifies For VAWA?

The Violence Against Women Act (VAWA) was originally passed in 1994. This policy was created specifically for immigrant spouses, partners, and children who were victims of domestic abuse by their US citizen or permanent resident relative. Under VAWA, the survivor is allowed to self-petition for immigration without the knowledge or involvement of the abusive US resident, allowing victims to secure safety and independence from their abusers.

Without VAWA, the US citizen may have been able to use the immigration process against their immigrating victim, effectively turning their sponsorship into a tool in their continued abuse.

VAWA is for noncitizens who have been abused by US citizens or green card holders in America. The policy allows them to take the immigration process into their own hands and out of the hands of their abusers. Spouses, partners, children, parents, and recently divorced spouses may be eligible for VAWA. If you are a spouse, you must have entered the marriage “in good faith.” You must have lived with the abusive US citizen or LPR, not have been part of the cause of the abuse, and be a person of “good moral character.”