DISCLAIMER.

 

This website is for prople concerned with domestic violence and abuse against undocumented immigrants.  Please note that all publications, trainings and other informational bulletims from Immigrant Legal Resource Center (ILRC), Catholic Legal Immigration network, Inc. (CLINIC) or Catholic Charities Immigrant and Refugee Program (CCIRP) are intended for use by immigration attorneys and trained immigration advocates.  These materials are not intended for use as self-help guides.  Additionally, these materials are time sensitive and the laws, legal analyses and other content could become out of date and inaccurate at any time.  These materials are not meant to replace legal research but are to be used as a guide only for those doing legal research.

 

 

 

ELIGIBILITY FOR THE

VIOLENCE AGAINST WOMEN ACT (VAWA)

 

 

For years, immigration laws have overlooked the plight of women and children who have been victims of domestic violence.  In fact, some may argue that these laws have fostered a system that has tolerated, and perhaps even caused, physical violence and psychological abuse committed by a United States Citizen (USC) or Lawful Permanent Resident (LPR, i.e. “Green Card holder”) spouse or parent on the immigrant spouse or child.

 

Reform has finally come in the form of the “Violence Against Women Act” (VAWA).  Under the provisions of VAWA, abused spouses or children may apply directly on their own behalf for an immigrant visa, without the assistance or consent of the U.S. citizen or lawful permanent resident abuser.

 

Although the law is long and somewhat complex, a brief outline of the law follows:

 

 

A.     Who Can Apply?

 

An abused SPOUSE or CHILD of United States Citizen (USC) or Lawful Permanent Resident (LPR).

 

 

B.      Requirements for Abused Spouse or Child

 

1.         Marriage was entered into with Good Faith (Bona Fide Marriage)

2.                  Residence at some time with USC or LPR spouse/parent

3.                  Present residence in US (a few exceptions)

4.         During the marriage, the spouse/child was abused

5.         Good Moral Character

 

 

For further information, please contact:

 

 

 

CATHOLIC CHARITIES

IMMIGRANT AND REFUGEE PROGRAM

1106 N. El DORADO STREET

STOCKTON, CA  95202

(209) 444-5910