Abuses That Qualify an Immigrant for VAWA Protection

Were You a Victim of Abuse or a Crime? Contact Our Immigration Visa Lawyers for Help

The Violence Against Women Act (VAWA) was passed by the U.S. Congress in 1994. As part of the law, special protection is afforded to women and children who are in the country as

immigrants and residents with non-citizen status. That includes undocumented residents and migrants who already have a green card.

Under no circumstances will any reasonable American stand by and allow the abuse of any woman or child regardless of their country of origin. However, it's incumbent on you to know what types of abuse you and your children have protection against.

One of the things we do as reputable immigration visa lawyer Los Angeles professionals is to protect the rights and welfare of our clients. We also seek to educate prospective clients about their rights. If you would like legal immigration help Los Angeles related to alleged abuse issues, you need to keep reading.

In the sections below, we will provide you with a list of specific types of abuse that are covered by the VAWA. Anyone who believes they are being or have been the victim of any of these abuses should immediately contact a visa attorney for victims of crimes in Los Angeles.

Types of Abuse Covered by the VAWA

Before we go into more depth about the abuses covered by the VAWA, we want you to read verbatim how the law reads as it pertains to abuse.

8 C.F.R. Section 204.2(c)(vi). ". . . the phrase 'was battered by or was the subject of extreme cruelty' includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that is a part of an overall pattern of violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident spouse must have been perpetrated against the self-petitioner or the self-petitioner's child, and must have taken place during the self-petitioner's marriage to the abuser."

As a VAWA visa lawyer in Los Angeles, we now want to cover these categories of abuse in more depth.

Verbal Abuse

This kind of abuse is characterized by verbal behaviors like screaming, yelling, throwing out harmful insults, or any other type of verbal interaction that the perpetrator intends to use to cause harm to the victim.

As Visa lawyer Los Angeles professionals, we would be remiss to not mention proving this kind of abuse is difficult. The problem is the harm these behaviors cause is mental and emotional, not physical, which is easier to prove.

Jealousy and Harassment

This type of abuse would typically focus on personal relationships where one partner is constantly harassing the other partner. The harassment could come in the form of accusations of infidelity, snooping on personal communications without permission, and stalking.

Threats of Harm

Threats of harm would include the threatening of an immigrant with physical or emotional harm. Based on our experiences as a VAWA visa lawyer in Los Angeles, we can tell you this section extends beyond the immigrant to include threats against co-workers, family members, and friends. Threats against someone's immigration status would also fall under this category.

Intimidation and Degradation

This kind of abuse tends to be visual. The perpetrator might display weapons, angry looks, demonstrate violent behaviors, saying humiliating things in front of others, and stalking.

Physical Abuse

There is no secret what this kind of abuse involves. The list includes punching, strangling, scratching, shoving, pulling of hair, striking with a weapon, shooting, kicking, holding underwater, and spitting on the victim.

Sexual Abuse

Any visa attorney for victims of crimes in Los Angeles would find this type of abuse to be disgusting. Behaviors would include rape, molestation of a child, groping, and threats of sexual violence.

Social Isolation or Forced Detention (imprisonment)

This type of abuse would include holding someone captive without access to the outside world, restricting someone from access to modes of communication, and kidnapping.

Economic Abuse

In this area, the perpetrator might restrict the victim from having access to money to meet basic needs. It could also include interfering with someone's right to secure or maintain employment as a means of financial support.

How to Proceed as an Immigrant Who is Being Abused

All of these abusive behaviors could cause you or your loved ones great distress. As a resident or guest in the U.S., you have the right to protection from these apprehensive actions.

If you feel you are being abused by someone in any way, you have the right to contact law enforcement and file a complaint. However, you need to be aware that any contact with law enforcement could put your status as an immigrant or undocumented resident under scrutiny. Unless your life or physical health is in immediate danger, you might want to consider reaching out for legal immigration help Los Angeles before contacting the authorities.

The best way for you to protect your immigration status is to discuss your situation with a good immigration visa lawyer Los Angeles professional. They will be able to help you assess your situation and determine the proper course of action. The last thing you want to do is accuse someone of criminal behaviors without adequate proof. Failure to provide said proof or evidence could subject you to legal problems related to your immigration status.

If you believe you or your children have been the victim of abusive behavior, we would like to recommend you seek our help. Also, you can make an appointment and come in to consult with a T visa lawyer Los Angeles from our firm if your family or a loved one is a victim of Human Trafficking. We will be here to help protect your rights as both an immigrant and a human being. Our immigration lawyer in Los Angeles is ready to help.

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