Violence Against Women Act (VAWA)
If you find yourself in a situation where you are a victim of spousal, child, or parental abuse, you have the option to initiate an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions within the INA empower specific spouses, children, and parents of U.S. citizens, as well as certain spouses and children of permanent residents (Green Card holders), to file a petition independently, without the knowledge of the abuser.
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This crucial provision affords victims the opportunity to pursue safety and independence from their abusers without the latter being informed of the filing. Types of domestic violence may include, psychological, verbal, physical, sexual, and financial abuse. If you or someone you know is in need of immediate assistance, the National Domestic Violence Hotline is available at 1-800-799-7233 or 1-800-787-3224 (TDD). This hotline can provide valuable information on shelter options, mental health support, legal counsel, and various forms of aid, including guidance on the immigration status application process. For further resources and information, please visit the National Domestic Violence website.
Immigration Psychology and its Role in the (VAWA) Process
Immigration psychology plays a critical role in the Violence Against Women Act (VAWA) process by providing support and assistance to immigration attorneys in various aspects.
Trauma Assessment:
Immigration psychologists can conduct comprehensive evaluations to determine if the applicant has experienced domestic violence and the psychological impact it has had on their life. This assessment helps attorneys better understand the client's situation and present a strong case to immigration authorities.
Evidence Preparation:
Collaboration with attorneys to collect and organize the necessary evidence to demonstrate the abuse, such as medical reports, police records, photos, witness statements, and psychological evaluations. Expertise in handling trauma cases facilitates the identification and presentation of relevant evidence.
Client Support:
Opportunity to provide emotional and psychological support to applicants during the VAWA process, which can be complex and stressful. Psychology offers tools to manage anxiety, fear, and depression, and helps clients prepare for interviews and hearings.
Attorney Training:
Training can be offered to attorneys on different forms of abuse, the impact of trauma on victims, and best practices for working with VAWA cases. This training enables attorneys to provide better legal representation to their clients.