Did you know?
In the United States, prior to the mid-1970s marital rape was exempted from rape laws. Throughout the years laws have changed and evolved, but most states still treat marital rape differently from non-marital rape. Some states have more narrow laws that require use or threat of force, penetration, or that the victim be mentally incapacitated, and other states have lesser penalties and/or shorter sentences. Internationally, marital rape is seen very differently among different cultures, with some countries not criminalizing it at all. In other countries, where marital rape has only recently been criminalized, people are much less likely to even consider it rape. It does not help that the abuser often coerces the victim into the sexual act by saying something like, “It’s your duty because you’re my wife/husband.” Keeping this in mind helps us understand the client’s perception of their experiences within a cultural context.
Who can apply for a VAWA?
a) Spouses of abusive USC or LPRs.
b) Divorced spouses when the termination of the marriage was related to the abuse and if the application is filed within two years of the termination of the marriage.
c) Children of abusive USC or LPRs if they file before turning 25.
d) A parent of an abused noncitizen child, even if the noncitizen parent is not herself abused.
e) Non-citizen spouses whose children are abused by the child’s other USC or LPR parent.
f) Non-citizen parents of abusive USC children
g) All of the above
Foreign nationals who are victims of domestic abuse pursuant to INA § 245(a) and 8 U.S.C. § 1255(a) may self-petition for deferred action and lawful permanent resident (LPR) status. The granting of deferred action by USCIS prevents a foreign national who receives it from being removed from the United States and enables them to receive a work permit. For some victims of domestic abuse, particularly those with prior immigration or criminal history, deferred action is as much of an immigration benefit as they can receive. Still for other foreign nationals who are victims of domestic abuse by a US citizen or LPR abuser, the foreign national may be eligible not just for deferred action but also for LPR status.
VAWA - UVISA - TVISA
Assessing psychological impact of trauma in victims of domestic violence, violent crimes, or human trafficking
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Advanced Issues in Hardship Waiver Evaluations
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Noemy Cruz, Esq.
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Hurwitz Holt, APLC
Q: A client called to schedule an evaluation for their U-Visa application. They said they are the victim of spousal abuse. Wouldn’t that be a VAWA case?
A: Not necessarily. Some applicants are eligible for both. However, VAWA is not available if the applicant was not married to their abuser, the abuser was not a U.S. citizen or U.S. lawful permanent resident, or the applicant and abuser have been divorced for more than 2 years.
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