The Violence Against Women Act: Protections for Immigrants, International Students, and Undocumented Individuals

Are you an immigrant, international student, or undocumented individual? Have you or a loved one experienced sexual assault, domestic violence, relationship abuse, or stalking within US borders?

If your answer to both of these questions is yes, you may be able to seek immigration relief under the Violence Against Women Act (VAWA).

Disclaimer #1: Every case is different. If you need individual advice, please consult an attorney or advocate.

Disclaimer #2: I prefer to use the term “survivor” when describing an individual who has experienced power-based violence. If you do not identify with the term “survivor”, please substitute it with the term you use to describe your experience. I want to respect everyone’s experiences and preferred language when discussing power-based violence.

“What is power-based violence?”

Before we get into the protections VAWA offers, I would like to define some important terms:

- Sexual Assault: Sexual assault is any act that is sexual in nature that is nonconsensual and in violation of state, federal, or tribal law.

- Domestic Violence/dating violence: Domestic violence is any violent, abusive, or coercive act committed against an individual by an intimate partner, former or current spouse, former or current cohabitant, or someone with whom the individual has had a child with, with the intent of harming that individual. This violence can include emotional, physical, verbal, sexual, and economic abuse.

- Stalking: Stalking is the unwanted pursuit, following, or harassment of an individual.

All of these definitions fall under the term “power-based violence.”

“What is VAWA?”

The Violence Against Women Act (VAWA) was originally drafted in 1994 due to rising public concern about the increase in violence against women, particularly an increase in violence such as sexual assault, intimate partner violence, domestic violence, family violence, dating violence, and stalking (Sacco, 2015). The original draft was intended to increase awareness of violence against women, advocate for better survivor services, and increase criminal investigations and prosecutions of violence against women (Sacco, 2015). The VAWA was reauthorized three times since 1994- once in 2000, once in 2005, and once in 2013. Each reauthorization of VAWA has expanded its definitions of violence, its coverage to underserved and underrepresented survivor populations, and the amount and quality of survivor services. Additionally, the VAWA created the National Domestic Violence Hotline.

As of the 2013 reauthorization, VAWA protections extend to:

- Battered nonimmigrants

- Battered immigrants

- Children of battered immigrants

- Battered immigrant children

- Survivors of human trafficking

- The elderly

- Survivors with disabilities

- Survivors who belong to a federally recognized tribe

- Survivors who belong to the LGBTQ+ community

“What are the protections under VAWA if I am an immigrant, international student, or undocumented individual?”

VAWA has specific protections for those who are immigrants, international students, or undocumented.

An important note before discussing protections under VAWA:

VAWA protections only extend to individuals and children who are (were) abused by US citizens or legal permanent residents.

If you or a loved one has been abused by a US citizen or legal permanent resident, then VAWA:

1. Protects you and your children (regardless if the children were abused) from deportation.
2. Allows for you, as an abused spouse, to file a self-petition. A self-petition allows for you to file for legal permanent residency without cooperation from your abuser.
3. Allows you to obtain a work visa.

“Who can apply under VAWA?”

You may apply to the protections under VAWA if you are:

1. An abused spouse married to a US citizen or legal permanent resident and subsequent children
2. An abused child of a US citizen or legal permanent resident
3. A spouse who is not abused, but whose children are abused by a US citizen or legal permanent resident

“Who is eligible?”

You may be eligible if:

1. You are married to the abuser at the time of the self-petition, or within 2 years of a finalized divorce
2. Your spouse is a US citizen or legal permanent resident
3. You married your abuser in good faith
4. You are (were) subject(ed) to cruelty or violence during the duration of your marriage

*Note: You may need to provide certain evidence to obtain a visa under VAWA. Please consult an attorney to further discuss this matter.

“What are my rights?”

Remember, as an undocumented or immigrant individual subjected to power-based violence, you have rights:

1. You have the right to report your experience to law enforcement*
2. You have the right to not report your experience to law enforcement
3. You have the right to an advocate
4. You have the right to file a restraining order**
5. You have the right to file an anonymous complaint to your institution or the federal government, with no identifying information required
6. You have the right to not be threatened with deportation from your institution
7. You have the right to not disclose your immigration status

*Reporting your assault to law enforcement should NOT lead to deportation

**You may file a restraining order even if you do not want to report your assault to law enforcement, as filing a restraining order is a completely different process than reporting a crime; this should also not trigger deportation for the protected party.

Additional Resources: USCIS Green Card for VAWA Self-Petitioner

Sacco, L.N. (2015). The Violence Against Women Act: Overview, legislation, and federal funding, (CRS Report No. R42499). Retrieved from Congressional Research Service website