I am Supriya Gill, a lawyer and in this article, we will explore how VAWA affects the abuser, including the eligibility requirements for victims to file a VAWA petition, the confidentiality of the process, and how it does not result in criminal charges against the abuser.
The Violence Against Women’s Act (VAWA) stands out as a crucial legislative achievement in safeguarding the rights and well-being of women, including immigrant women. Its provisions extend beyond immigration-related concerns and offer numerous advantages to those who have suffered from domestic violence.
Concerning immigration, VAWA provides safeguards for victims of domestic violence who are subjected to abuse by their spouses, who are either U.S. citizens or lawful permanent residents.
The abuser will not be affected in any way by filing for VAWA, as this is a humanitarian case aimed at helping the victim. Filing for VAWA does not automatically lead to criminal charges as you would need to file a police report at a police station to do so. VAWA applications are confidential and USCIS is not allowed to disclose the victim’s identity or the details of their application to the abuser.
To know more, read the full article.
How Does VAWA Affect The Abuser?
It will not affect the abuser in any sort of way, because this is simply a humanitarian case that is meant to help the victim.
And immigration is not in the businessof trying to upset the family life or to hunt down the abuser and do something. This is a completely confidential, protected case.
No one will ever know what the victim have said in it or said about what’s happening in their life, except for the attorney and immigration. And as well, it will not be disclosed to the abuser. The victim will be on their journey to secure their own status and to give themselves the immigration justice that they need.
1. Confidentiality of the VAWA process
VAWA applications are confidential. When an individual files their application with USCIS, the agency is legally obligated to keep the fact that the applicant filed for VAWA confidential.
The abuser is not informed that the victim has filed for VAWA, and USCIS is not allowed to disclose any information about the case without the victim’s or their lawyer’s permission.
The victim can also include a safe mailing address to receive correspondence from USCIS if they are still living with their abuser. This ensures that the abuser does not have access to the victim’s mail.
2. VAWA does not lead to criminal charges against the abuser
Under the Violence Against Women Act (VAWA), filing an application for relief does not lead to criminal charges against the alleged abuser. The VAWA application process is confidential and the United States Citizenship and Immigration Services (USCIS) is obligated by law to maintain the confidentiality of the application.
USCIS is prohibited from disclosing the fact that an application was filed to the abuser or anyone else without the consent of the victim or their attorney.
Additionally, the victim has the option of providing a safe mailing address to prevent the abuser from accessing their mail. Filing a VAWA application does not automatically result in criminal charges against the abuser as a separate police report needs to be filed for criminal charges to be pursued.
Eligibility Requirements for VAWA Self-petitioners
The following requirements must be met to qualify:
- The abuser is (or was) a U.S. citizen (USC) or Lawful Permanent Resident (LPR). You can still file a petition under VAWA if the abuse occurred before the abuser became a citizen or green card holder. Additionally, you can file a petition even if the abuser loses their green card or citizenship.
- You were abused during the marriage by a U.S. citizen or a legal permanent resident. The law requires you to show that you “have been battered or has been the subject of extreme cruelty” by the LPR or USC. Emotional abuse, controlling behaviours, threats to harm or deport you, forcibly detaining you against your will, and other behaviours used to scare you are all considered under this standard.
- You are (or were) the spouse of an LPR or USC abuser or the parent of a child who was abused by your LPR or USC spouse. If the marriage ends because of abuse, you can still file a VAWA petition within two years of the end of the marriage. Similarly, if the abuser dies, you can file a VAWA petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. Finally, if you remarry prior to the approval of your VAWA petition, the petition will be denied.
- Generally, you must reside in the United States in order to file a petition under VAWA. However, you can file even if you are living abroad if the abuser is an employee of the U.S. government or armed services, or if the abuse occurred in the United States.
- You entered the marriage in “good faith.” This means that you did not enter the marriage with your LPR or USC spouse solely to obtain a green card. If the marriage is fraudulent, you will not qualify for a green card through VAWA.
- You must have lived with the LPR or USC abuser at some point, but there is no length of time required. You also do not have to currently be living with the abuser when you file for VAWA benefits.
- You must be a person of good moral character for at least the past three years. Some things that may prevent you from showing good moral character are committing crimes, using drugs, illegal gambling, lying under oath, or harming others.
Conclusion
The Violence Against Women Act (VAWA) was enacted to protect victims of domestic violence and abuse, and it provides important legal options for victims to seek safety and immigration relief without the help of their abusers.
The VAWA application process is confidential, and the abuser will not be notified or involved in any way. It is important for victims to understand their legal rights and options under VAWA, and to seek the help of experienced legal professionals to navigate the process.
With the help of VAWA, victims of domestic violence can obtain the protection and justice they deserve.
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