THE ABC'S OF IMMIGRATION - IMMIGRATION UNDER THE VIOLENCE AGAINST WOMEN ACT

In November 2000, the Violence Against Women Act II was passed into law.  Among other things, this law made changes to previously existing immigration laws that had allowed abused immigrant women and children to seek legal residency in the US independently of their abusers.

The law allows women to petition for adjustment of status for themselves and exempts them from section 245(c) of the Immigration and Nationality Act, which prohibits immigrants who have engaged in unauthorized employment, those who have failed to maintain valid immigration status and a number of others from applying for adjustment of status.  Under the revised VAWA, applicants no longer have to show that they would face extreme hardship and they are also allowed to apply for permanent residence from outside the US, if they can demonstrate that they were the victims of domestic violence in the US.

To be eligible for adjustment of status under the VAWA, the woman must show one of the following:

·        Their marriage was ended within the past two years for reasons connected to domestic violence;

·        The abuser lost his or her immigration status within the past two years for reasons related to domestic violence;

·        If a US citizen, the abuser died within the past two years; or

·        The abuser was or is a bigamist

While for most people in deportation proceedings, their period of continuous physical presence ends when the INS notifies them that they are being placed in deportation proceedings, this rule does not apply to VAWA applicants. In other words, they have more of a chance to obtain the seven years presence necessary to be eligible for cancellation of removal.  Also, any absences from the US that were the result of domestic violence will not break the period of continuous physical presence.  Furthermore, the grounds for inadmissibility relating to good moral character can be waived if they are connected to domestic violence.

Also, applicants under the VAWA are exempted from the public charge ground of inadmissibility insofar as they are entitled to public benefits.  They may also obtain a waiver of the ground of inadmissibility relating to HIV positive status.

The VAWA II also created a new category of nonimmigrant visa.  To be eligible for this “U” visa, the applicant must have suffered “substantial physical or mental abuse” because of a variety of crimes, including domestic abuse and involuntary servitude.  The applicant must have information relating to this crime that would be of assistance to law enforcement in investigating or prosecuting it.  There is an annual limit of 10,000 U visas.  U visaholders are work authorized, and are able to apply for adjustment of status after three years. 

Other provisions in the VAWA II allow people who have adjusted status under it to apply for naturalization in three, rather than five years.