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How does VAWA protect immigrants from deportation?

On Behalf of | Dec 14, 2023 | Deportation Defense |

The Violence Against Women Act (VAWA) stands as a crucial safeguard for many. VAWA, enacted in 1994, was passed as a response to the pressing need for legal protection for victims of domestic violence, particularly women. The primary objective was to address the unique challenges faced by victims, including those who need to escape abusive situations without fearing deportation.

To avail themselves of VAWA-related immigration protection, individuals must meet specific criteria. Generally, victims who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident spouse are eligible.

The immigration process under VAWA

One distinctive feature of VAWA is the self-petitioning process, allowing victims to file immigration petitions without relying on their abusive spouses. This empowers survivors to take control of their immigration status and break free from the cycle of abuse.

VAWA recognizes the sensitive nature of domestic violence cases. As such, stringent confidentiality measures are in place to safeguard victims. The process prioritizes the privacy of survivors, reducing the risk of retaliation from abusers.

The impact of VAWA on deportation proceedings

One of the most significant aspects of VAWA is its ability to halt deportation proceedings for eligible victims. This protection extends to both the principal victim and qualifying family members, offering a vital lifeline to those on the verge of forced separation.

Under VAWA, victims facing removal proceedings may be eligible for cancellation of removal. This discretionary relief allows immigration authorities to cancel the deportation order, providing victims with the opportunity to establish lawful permanent residence.

The Violence Against Women Act stands as a beacon of hope for immigrants facing the harrowing impact of domestic violence. By providing a pathway to legal status and protection against deportation, VAWA can empower survivors to rebuild their lives free from the shackles of abuse.


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