VAWA Immigration Attorney

Call (951) 433-7124

Many immigrants move to the United States because they fell in love with a U.S. citizen or a permanent resident. While most of those relationships succeed, some end in tragedy, with the immigrant party being met with cruelty or abuse during the relationship. Such cruelty or abuse may be physical or verbal, emotional or psychological, and often consists of a combination of these factors. Worse still, such abuse may not even be directed at the immigrant spouse, but at their child, compounding the tragedy involved.

When this happens, the United States recognizes the need for the abused party to leave the relationship for their own safety and protection. However, doing so cuts off what immigration benefit they may otherwise have been entitled to by way of their marital relationship to their U.S. citizen or permanent resident spouse. This is where the Violence Against Women Act, or “VAWA”, comes in, providing immigration relief that the abused immigrant may apply for by themselves without the involvement of their abuser.

Though VAWA was primarily aimed at addressing violence aimed at immigrant women, men too may apply for and be granted the program’s benefits. To qualify as the abused spouse or parent of an abused child of a U.S. citizen or permanent resident, the immigrant must complete form I-360. Further, they must demonstrate that they had a lawful relationship to a U.S. citizen or permanent resident, that they entered the marriage in good faith, and that the marriage broke down due to abuse or cruelty experienced during matrimony. When successful, the immigrant will enjoy a period of Deferred Action in the United States, allowing them to work and live without fearing deportation. Better still, some immigrants will also be qualified to apply for permanent residence, completely absent the cooperation or involvement of their abuser. This process is confidential, and the immigrant need not fear that their abusive spouse will learn of it.

If you or someone you know have been involved in an abusive relationship with a U.S. citizen or permanent resident, the immigration attorneys at the Khan Law Firm may be able to help. To explore your immigration options through the VAWA program, call us at (951) 433-7124 and any of our staff can set up a consultation with Attorney Khan or Attorney Brooks.