The Violence Against Women Act (1994)
The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act, H.R. 3355) signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the Office on Violence Against Women within the U.S. Department of Justice.
Persons Who Are Covered Under VAWA Immigration Provisions
VAWA allows for the possibility that certain individuals who might not otherwise be eligible for immigration benefits may petition for US permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. The following persons are eligible to benefit from the immigration provisions of VAWA:
- A wife or husband who has been abused by a U.S. citizen or permanent resident (Green Card holder) spouse. The petition will also cover the petitioner’s children under age 21.
- A child abused by a U.S. citizen or permanent resident parent. The petition can be filed by an abused child or by her parent on the child’s behalf.
- A parent who has been abused by a U.S. citizen child who is at least 21 years old.
Eligibility Requirements for a VAWA Self-Petition
You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:
- You have a qualifying relationship as the:
- Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:
- You are married to a U.S. citizen or permanent resident abuser;
- Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;
- Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence; or
- You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
- Child of an abusive U.S. citizen or lawful permanent resident parent; or
- Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.
- Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:
- You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty);
- You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
- You are a person of good moral character.
If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.
In certain circumstances you may remain eligible for the VAWA self-petition if your abusive relative lost or renounced their U.S. citizenship or lawful permanent resident status or if your abusive relative died.
If you are living outside of the United States at the time you file the self-petition, you must demonstrate one of the following in addition to the eligibility requirements listed above:
- Your abusive U.S. citizen or lawful permanent resident relative is an employee of the U.S. government;
- Your abusive U.S. citizen or lawful permanent relative is a member of the U.S. armed forces; or
- You were subjected to battery or extreme cruelty in the United States.
For more information on VAWA self-petitions, see USCIS Policy Manual, Volume 3, Humanitarian Protection and Parole, Part D – Violence Against Women Act.
Coverage of Male Victims
Although the title of the Act and the titles of its sections refer to victims of domestic violence as women, the operative text is gender-neutral, providing coverage for male victims as well. Individual organizations have not been successful in using VAWA to provide equal coverage for men. The law has twice been amended in attempts to address this situation. The 2005 reauthorization added a non-exclusivity provision clarifying that the title should not be construed to prohibit male victims from receiving services under the Act. The 2013 reauthorization added a non-discrimination provision that prohibits organizations receiving funding under the Act from discriminating on the basis of sex, although the law allows an exception for sex segregation or sex-specific programming when it is deemed to be necessary to the essential operations of a program.
Help and Support
Help and support is available to victims of domestic violence through the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance and support, and the website has information about local resources, shelters, medical and mental health services, legal help, and other types of assistance. For more information, visit the National Domestic Violence Hotline website.
VAWA Evaluations
An Immigration Psychological Evaluation is a psychological assessment that is used to help immigration courts determine whether an individual will be able to remain lawfully in the United States. The VAWA Evaluation process includes extensive interviews between the psychological evaluator and the VAWA Applicant, documenting what happened to the client that may meet the VAWA requirements, establishing whether a mental health diagnosis could be made, and making recommendations for psychological treatment, if indicated. The evaluation is submitted to a judge for the purpose of determining the client’s eligibility for permanent residence.
It is strongly recommended that an attorney be contacted prior to engaging the services of an evaluator. The attorney will determine whether or not there is sufficient evidence to file a legal case. As advised by the attorney, the client may then reach out to a VAWA Evaluator to conduct the Immigration Psychological Evaluation.
CONTACT:
Laura D. Cutler, LMFT, at True Path Psychotherapy, for additional information on Immigration Psychological Evaluation services.
Email: laura@truepathpsych.com
Confidential Telephone: 310-882-8568
Evaluation fees are negotiable:, ranging from $1,500.00 to $2,500.00.