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Helping Immigrant Victims of Domestic Violence in Tampa & Surrounding Areas
Immigrant victims of domestic violence may be eligible to self-petition for lawful permanent residency in the United States under the Violence Against Women Act (VAWA). The attorneys at Brown Immigration Law can help you understand your rights and options under VAWA and guide you through the application process.
To learn more about VAWA in Tampa, call (813) 791-7535 or online today.
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What Is VAWA?
The Violence Against Women Act (VAWA), first passed by Congress and signed into law in 1994, was created to protect and support survivors of domestic violence. One of its most important features is how it changed immigration laws to help non-citizens trapped in abusive relationships.
Many immigrant survivors depend on a U.S. citizen or Green Card holder spouse, parent, or child for their legal status—and abusers often exploit this, using threats of deportation to keep them silent and under control.
To protect these individuals, VAWA allows abused spouses, children, and parents of U.S. citizens or permanent residents to remain in the U.S. and cooperate with authorities—even if they would normally be subject to removal. Most importantly, VAWA gives survivors the ability to apply for a Green Card on their own, without needing the abuser’s knowledge, permission, or involvement.
VAWA Eligibility Requirements
To qualify for relief under VAWA, you must be able to show that you “are the victim of battery or extreme cruelty committed by:
- A U.S. citizen spouse or former spouse;
- A U.S. citizen parent;
- A U.S. citizen son or daughter;
- A lawful permanent resident (LPR) spouse or former spouse; or
- An LPR parent.”
You may also be eligible if you have a child with a U.S. citizen or LPR who subjected you to extreme cruelty.
What Is Extreme Cruelty?
Extreme cruelty refers to any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. It also includes other abusive behavior, such as sexual assault, forced sexual relations, forced prostitution, and forced labor.
It is important to understand that VAWA is gender neutral. This means all all individuals may seek protection under VAWA — regardless of gender — if they have been the victims of extreme cruelty at the hands of a qualifying relative.
What Is a Qualifying Relative?
A qualifying relative is a U.S. citizen or LPR who is or was the victim’s spouse or parent. It is important to note that a child who is the victim’s child but not the qualifying relative’s child is not a qualifying relative.
Also, a parent who is the victim’s parent but not the qualifying relative’s parent is not a qualifying relative. In other words, the U.S. citizen or LPR must be the victim’s parent, spouse, or the parent of the victim’s child, and the relationship must have been legally recognized in order for the victim to be eligible to self-petition for lawful permanent residency under VAWA.
How to Apply for VAWA in Tampa
Brown Immigration Law stays current with the constantly evolving immigration laws, regulations, and policies that impact VAWA cases. When you work with a VAWA immigration attorney at our firm, we will carefully document the abuse you’ve experienced and submit a thorough application supported by strong evidence and legal arguments. Our goal is to demonstrate your eligibility to remain in the U.S. and pursue lawful permanent residence independently of your abuser.
We offer confidential, compassionate legal representation and understand the urgency and sensitivity of your situation. Our team is committed to timely action and will keep you updated throughout every step of your case.
Contact our office to schedule a confidential consultation, learn more about our VAWA legal services, and discuss our attorney fees.
Documentation Needed for Applying Under VAWA
When submitting an application for VAWA, it is crucial to provide the necessary supporting documentation. The more evidence you provide, the stronger your case will be. Our team can help you gather the required documentation and ensure all forms are filled out correctly.
Some of the documentation you may need to provide includes:
- Proof of your identity
- Proof of your qualifying relationship
- Evidence of abuse or extreme cruelty
- Evidence that you are a person of good moral character
- Evidence that you entered the marriage in good faith, if applicable
- Proof that you resided with your qualifying relative, if applicable
Each case is unique, and the exact evidence you will need to provide will depend on the specific details of your situation. Our Tampa VAWA attorneys can help you gather the necessary documentation to support your application.
What Are the Benefits of VAWA?
Seeking a Green Card under VAWA can provide many benefits.
Legal Protections Under VAWA
VAWA offers critical protection from deportation for survivors of abuse. If you obtained conditional lawful permanent resident (LPR) status through marriage to an abusive U.S. citizen or Green Card holder, you may be eligible to apply for full LPR status independently.
If you meet the requirements and have a pending VAWA-based Green Card application, VAWA can protect you from being removed from the U.S. during that process. This allows you to seek safety and stability without relying on your abuser for immigration status.
Financial Benefits Under VAWA
Under VAWA, you may be eligible to apply for work authorization, which can help you support yourself and pursue job training opportunities—without relying on your abusive spouse for financial security. After a designated waiting period, you may also qualify for public benefits such as CHIP (Children’s Health Insurance Program) and SNAP (Supplemental Nutrition Assistance Program), depending on your circumstances.
Additional Benefits
One of the most powerful aspects of VAWA is that it allows you to self-petition for a Green Card — meaning you don’t need your spouse’s permission, involvement, or even knowledge. In typical family-based immigration cases, an abusive spouse might use their control as the required sponsor to manipulate or intimidate you.
With VAWA, you can take back control over your future in the U.S., free from fear of violence or retaliation through the immigration system. Our VAWA attorneys are ready to help you with a confidential consultation today.
Do You Have a VAWA Attorney Near Me?
Brown Immigration Law has a Tampa office at 400 N. Ashley, Suite #1900. We’re just a short walk from the historic Tampa Theatre and a few blocks from the Hillsborough River. For your convenience, there’s a public parking garage adjacent to the building, and a HART bus stop is located right at the corner. We also have offices in Orlando, Durham, NC, Columbus, OH, and Cleveland, OH.
Get the Confidential Help You Need Today
If you are an immigrant victim of domestic violence, you may be eligible for self-petition for lawful permanent residency under VAWA. Our Tampa VAWA attorneys can help you understand your rights and options and guide you through the application process. We can help you gather the necessary documentation to support your application and ensure all forms are filled out correctly. Call or contact us today to get started.
Call (813) 791-7535 or online to schedule a consultation with our team.
