The Violence Against Women Act (VAWA)
Questions about protection for abused people under U.S. immigration law
What if my children or I am undocumented? Can we obtain legal residency and work authorization?
If you or your children have been "battered or subjected to extreme cruelty" by your spouse, and he is a Lawful Permanent Resident or U.S. citizen, you may be eligible for relief under the immigration law. The Violence Against Women Act (VAWA) may allow you and your children to "self-petition" for permanent residency and work permits without help from your abuser. Your self petition is confidential. The INS cannot discuss your case with your abuser, nor can the INS decide against you based only on information provided by your abuser. You may also be eligible for public assistance.
Who can self-petition under VAWA?
- an abused spouse of a U.S. citizen or Permanent Resident
- an abused child of a U.S. citizen or Permanent Resident
- the parent of a child who was abused and/or subjected to extreme emotional cruelty by a U.S. citizen or Permanent Resident parent, if the parents are married.
What if I have divorced the abuser?
If you are divorced, you still might be able to self-petition, if you were divorced less than 2 years ago. You should talk to an immigration attorney right away.
What if I am being deported?
You might be able to apply for "cancellation of removal" if you are being deported. You should talk to an immigration attorney right away.
What if the abuser is deported?
You or your children still might be able to self-petition. You should talk to an immigration attorney right away.
What if my abuser is my parent?
Unmarried children under 21, abused by a parent who is a U.S. citizen or Permanent Resident, may apply for immigration status under VAWA.
What if my abuser is not my spouse or my parent, or if he is not a U.S. citizen or Permanent Resident?
Contact an immigration attorney to see if your status can be legalized under some other law. Sometimes, victims of certain crimes can qualify for benefits under immigration law.
Can a man apply for residency under VAWA?
Yes. An abused husband has the same rights under VAWA.
Do I need an immigration attorney?
Probably - an immigration attorney will be able to determine if you can self petition, and can help you with the application. Do NOT go the Immigration & Naturalization Service (INS) without first talking to an immigration attorney! Your conversation with this attorney will be confidential, and he or she cannot report you to the INS. Many legal aid offices offer free or low-cost services. Some specialize in working with abused women.
If you or your spouse is a farmworker and you need help or have questions, call:
Farmworker Legal Services toll free at 1-800-968-4046(se habla español)
Visit the Farmworker Legal Services website
If you are not farmworkers you can also call:
Immigration Assistance Project at (616)385-1019 (se habla español)
For a domestic violence advocate or shelter near you, call toll-free:
The Center for Women in Transition at 1-800-848-5991 (se habla español)
To locate free or low cost legal assistance:
Visit the Michiganlegalaid.org home page and search for local
assistance by entering your zip code in the box marked “Find a lawyer,
organization or related service to help you with your problem.” or
Look under "attorneys" in the yellow pages to find your local legal aid office, or
Contact the Michigan State Bar Lawyer Referral Service at (800) 968- 0738.
Persons age 60 or older, regardless of their income, may be able to
receive free advice from the Legal Hotline for Michigan Seniors by
calling (800) 347-5297.
This article appears courtesy of Farmworker Legal Services.