VAWA empowers an immigrant who is battered by a spouse who is a US citizen or a permanent resident and stays in the country lawfully.
Reporting under the Act
Before you apply under VAWA you must make sure that you have enough evidence to prove that you have been battered and have faced extreme cruelty coming from your spouse.
When abused physically, you can file a police report and request to get a protection. In case of mental cruelty you will need to prove the same through various evidences.
It gives you the facility of filing a case against the abuser without even letting him know. And hence it gives you the scope of reporting the matter as well keeping it a secret from your abusive partner and protecting yourself at the same time.
People who can apply
• A spouse who has been battered can apply for herself or else she can also apply on her child’s behalf if he or she has been battered, provided the child is unmarried and not above 21.
• When a parent who is an immigrant is abused by a son or a daughter who is either a citizen or a permanent resident of the country, then this parent holds every right to make an application under this act.
• A child above or below 21 can apply against an abusive parent.
Applying for a visitor’s visa
If one has not overstayed the visa then under the given circumstances one can always apply for a visitor’s visa. However, she will have to assure the US Immigration Officials that she does not have any intention of making US her home and she has a home in her own country. This will be evaluated by the officials by gauging your knots and ties with your home country. They should be condiment before awarding you the visa that you will return back to your own county at an adequate moment.
Eligibility for applying under VAWA
• You should be married to a US Citizen or a permanent resident and you have suffered cruelty to the extreme from your spouse. A spouse can apply on the child’s behalf as well.
• A child who is applying should prove that his parent who is a US Citizen or a permanent resident has abused him or her.
• A parent of a 21 year or even older son or daughter who is a US citizen or a permanent resident can apply.
• In all the above mentioned cases you will have to show that you have a strong moral character.
US ensure that it protects the rights of every one p-resent on its land. And so much so that it takes care of the protection of even people coming on visitor’s visa too. However, an applicant to get protection and make appeal against an abusive spouse or parent or child should be babel to prove the offense along with displaying a good moral character.