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What Kind of Abuse Qualifies for VAWA Immigration?

If you’ve been in the United States for a while, you may have heard about the VAWA immigration law. 

VAWA  immigration has even become more popular in recent years, with abuse victims discovering that it can help them acquire permanent residency without the help of their abuser. But the question is, what is VAWA immigration? And what kind of abuses qualify you for it? 

Here’s an article that provides a detailed analysis of the kind of abuses that can qualify an immigrant for a Visa under this act. But before that, though, let’s fully understand what VAWA immigration means.

What is VAWA Immigration? 

First things first – the name VAWA is an acronym that stands for Violence Against Women Act. It’s an immigration route for immigrants who are victims of violence and other domestic abuses. This historic piece of legislation was signed to protect people suffering different kinds of abuse from their American hosts. 

These abuses include domestic abuse, sexual assault, stalking, and other related issues. However, it’s important to point out that this law targets direct relations of U.S. citizens or permanent residents. Thus, your abuser must be your direct relation and a citizen of the United States for you to qualify for an independent stay in America via the VAWA immigration route. 

The act, which was established to strengthen response to domestic violence, has since become one of the most popular visa routes into the United States. An important thing to note is that the law covers all genders, races, and nationalities. It also encourages self-petitioning, putting you in the driving seat of when and how you want to pursue your case. But one question stays begging when applying by yourself: what kind of abuses qualify you for VAWA immigration?

How Immigration Law Defines Abuse 

When it comes to VAWA immigration matters, it’s easy to see how broad the definition of abuse has become. Perhaps the first thing you’ll see when researching abuse is that it is not limited to physical injuries. The U.S. Citizenship and Immigration Services Regulations defines abuse to include but not limited to being the victim of any act or threatened act of violence. However, for an abuse to qualify a victim for VAWA immigration, it must have been committed by a U.S. citizen or a lawful permanent resident that’s directly related to the petitioner.

Now, let’s review the abuses that can qualify you for a VAWA immigration Visa. 

Verbal abuse 

Abuses under this category include spoken abuses that can cause mental or emotional harm. Some examples include screaming, yelling, scolding, insulting, or otherwise mistreating a victim verbally. However, the judge may rule on this kind of abuse, using their discretion. So, don’t be surprised if they don’t deem verbal abuse suitable enough to qualify for a VAWA immigration visa. 

Threatening harm

This one is also relatively complex and needs proving. However, it’s not as difficult to prove as the first one, since it’s easy to get evidences. Threats can involve other people apart from the VAWA petitioner. For example, it could be a threat to harm the petitioner’s family, friend, property, or pet. 

Intimidation and degradation

Intimidation comes in different forms. However, the most popular involves closely monitoring a victim and exhibiting violent warning signs like stern looks and clenched fists. It could also involve a public humiliation of the victim to maintain some form of control over them.

Economic Abuse

This kind of abuse involves deliberately undermining a victim’s source of income or survival. It includes anything from blocking a victim’s job opportunity to causing them to lose an already existing job or making them completely dependent on the abuser. 

Stalking or embarrassing a victim at their workplace also falls under this abuse. After all, it can cause them to quit the job or get fired. 

Sexual abuse 

This is perhaps the most straightforward type of abuse in the VAWA immigration abuse list. As its name signifies, sexual abuse involves any unwanted sexual conduct targeted at a victim. These conducts can include forced prostitution or forced sexual activities, rape, incest, and any other form of non-consensual sexual assault. Note that it could also be a sexual assault from another person powered by the abuser.

Emotional abuse

This type of abuse is the most common type of abuse because of how broad it is. It can include any form of abuse (verbal or physical) that affects the emotional or mental well-being of a victim. It also covers different forms of emotional manipulation. One of the most common forms is excessive jealousy, which makes the victim uncomfortable around you. Another one is constantly accusing a victim of wrongdoings to the extent it causes them anxiety and a tendency to misbehave in public. 

Forced social isolation

Stopping a victim from socializing is enough abuse to qualify them for the VAWA immigration benefits. This can include denying them from meeting family members and friends, stopping them from using their phones, and denying them the freedom to leave and enter their house when they want to.

Battery of physical violence

This encompasses physical abuse such as slapping, beating, punching, and any other related abuse. This kind of abuse is usually proven with pictures of injuries, police reports, medical records, and testimonies from neighbors and family members. You can also provide evidence that shows your stay in a domestic violence shelter to prove this.

The Coleman Law Group Can Help You

Now that you know the different types of abuse that qualify you for VAWA immigration, you may want to start the process.

However, if you want an experienced VAWA attorney to help you through it, and that’s where the Coleman Law Group comes in. We treat our clients like family, and that can make the world of a difference in your VAWA journey. Having a support team that you can come to at any time with questions, concerns, or advice, can help you feel more secure in your journey. Your fight is our fight, and it is our top priority to help you gain the freedom and safety that you deserve. Call us today for a free consultation. 

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