Violence against Women Act (VAWA) Reauthorization

• posted by Tai Stevenson

President Obama has signed the reauthorization of the VAWA Act allowing women who have been abused, beaten or subject to sexual assault to obtain immigration status. Among the requirements, VAWA victims are required to prove that he or she is the spouse or child of an abusive U.S. Citizen or Permanent Resident. The first VAWA Act was enacted in 1994. The reauthorization of the VAWA Act now covers gay couples and Native American women. As Obama remarked, "all women deserve the right to live free from fear." We agree.

Eligibility Requirements for a Spouse:

• You are married to a U.S. citizen or permanent resident who has abused you OR your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, OR your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, OR you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
• You have been abused in the United States by your U.S. citizen or permanent resident spouse, OR have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, OR are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
• You entered into the marriage in good faith, not solely for immigration benefits or fraudulent reasons.
• You have actually lived with your spouse.
• You have good moral character.

Eligibility Requirements for a Child

• You are the child of a U.S. citizen or permanent resident abuser OR you were the child of a U.S. citizen or permanent resident abuser who lost or renounced his or her citizenship or lawful permanent resident status due to an incident of domestic violence
• You have been abused in the United States by your U.S. citizen or permanent resident parent OR you have been abused by your U .S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
• You have actually lived with the abusive parent
• You have evidence to prove your relationship to your parent
• If you are over the age of 14, you must prove good moral character

Eligibility Requirements for a Parent

• You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
• You have been abused by your U.S. citizen son or daughter
• You have actually lived with the abusive son or daughter
• You have good moral character

The purpose of the VAWA act is to protect women, children, and parents who have been abused and to encourage women to speak out on abuse.