Rationale For And The Main Provisions Of The Domestic Violence Visa Law

In order to better understand whether you qualify for the Violence Against Womens

Act (VAWA) Visabetter known as the Domestic Violence Visait is important to first look to its philosophical underpinnings of the act itself. In the US, green card holders (or lawful permanent residents (LPRs)) and US citizens can file a petition on behalf of their spouse and/or children. While in the vast majority of cases this process exemplifies family unification, in some circumstances this process is used to further an abusive relationship.

When an individual enters the US as a dependant to a LPR or US citizen, he or she is entirely dependent on their spouse to maintain their status. In other words, if the US Citizen or LPR decides to divorce the dependant spouse, that dependant would lose their status and would be forced to leave the country. In some circumstances, the dependant may need to leave the country without their children. Unfortunately, in some abusive relationships, LPRs and US citizens use their status to control their dependant spouse, threatening to take away their visa if he or she reports an act of domestic violence to the police.

The terrible reality that some US citizens and LPRs use the green card process to protect their abusive relationship influenced the US Congress into passing VAWA, which contains a key provision allowing the battered spouse, parents or children of a US citizen or permanent resident to file a petition for a green card without the knowledge of the abuser. This provision was specifically designed to reduce instances of abuse within immigrant communities. The battered spouse or parent can also include their unmarried children under the age of 21 years in the petition.

The provisions of the VAWA act are expected to benefit the victims of domestic violence and abuse, including where a dependant victim of abuse has been denied immigration status or threatened with deportation. There are a number of proofs that must be submitted along with the application. The necessary evidence includes proof of the immigration status of the abuser, proof of the relationship between the abuser and the abused, proof of the abuse itself, evidence of the psychological effect of abuse on the aggrieved party, and the proof that the aggrieved person is of good moral character. Arranging all these proofs requires a lot of documentation and is a time consuming process. It also necessitates an understanding of domestic violence visa law. So, by no means is the process simple and easy since extensive preparation is required before producing a case with a good chance of success.

VAWA was designed to be helpful to abused immigrants from countries where domestic abuse is not traditionally reported or even discussed. Often times, it is helpful to hire an attorney that understands the culture of the abused party in order to put together a better petition. So, for example, an Indian victim of abuse could hire an Indian lawyer or an Iranian victim of abuse could hire an Iranian lawyer if he or she feels as if that lawyer would better understand the culture of abuse within their ethnicity.

Pending the decision on a VAWA petition, the abused party is granted a permit to work while living in the US. On approval of the petition, they are given the right to apply for permanent residency in US. Despite the conceivable hassles and difficulty in meeting the requirements of the law, this legislation gives an opportunity to fight injustice and abuse of power.

by: sethimaz

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