In 1994, Congress passed the Violence Against Women Act (VAWA). The act contains protections for spouses and children of non-citizens who have been harmed by or experienced cruelty from a U.S. citizen or lawful permanent resident (LPR).
According to U.S. Citizenship and Immigration Services:
“. . . the phrase 'was battered by or was the subject of extreme cruelty' includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident spouse, must have been perpetrated against the self-petitioner or the self-petitioner's child, and must have taken place during the self-petitioner's marriage to the abuser."
In this blog, we explain what is considered abuse under VAWA.
THREATS OF HARM
When it comes to violent threats, immigrant children and other family members are protected from harassment and threats made by U.S. citizens.
PHYSICAL VIOLENCE
Physical violence that qualifies under VAWA includes:
- Punching
- Slapping
- Kicking
Physical violence also includes violent acts carried out with a weapon or other instrument. If you want to qualify for physical violence protections, you will need evidence like a police report or photos of your injuries to prove the abuse occurred.
ECONOMIC ABUSE
If a U.S. citizen denies a non-citizen access to money or deliberately keeps them from seeking employment, the immigrant can qualify for protection under VAWA.
SEXUAL ABUSE
Immigrants who have been forced to perform sexual activities can seek protection through VAWA. This includes sex acts forced by the abuser and prostitution.
The following abuse acts are also covered by The Violence Against Women Act:
- Harassment
- Verbal Abuse
- Social Isolation
- Intimidation
TALK TO AN IMMIGRATION LAWYER IN QUEENS
Are you an immigrant who needs help seeking protection under The Violence Against Women Act? Is so, you should immediately get in touch with our legal team to discuss your case. We can review your situation and explain all of your rights under the law. Let us get to work for you today.
Contact our law firm to speak with a Queens immigration attorney. We offer free case evaluations.