Chapter 1 - Purpose and Background
A. Purpose
The Violence Against Women Act of 1994 (VAWA) amended the nation’s immigration laws and included a broad range of criminal, civil, and health-related provisions.[1] VAWA addressed the unique issues faced by victims of domestic violence and abuse and provided certain noncitizen family members of abusive U.S. citizens and lawful permanent residents (LPRs) the ability to self-petition for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allowed victims to seek both safety and independence from their abuser.
Spouses, children, and parents of U.S. citizens and spouses and children of LPRs may file a self-petition for immigrant classification with USCIS. A noncitizen filing the self-petition is generally known as a VAWA self-petitioner.[2] If USCIS approves the self-petition, VAWA self-petitioners may then seek an immigrant visa from outside the United States or apply for adjustment of status inside the United States.[3]
B. Background
Under the family-based immigration process, U.S. citizens and LPRs may petition for certain categories of relatives to immigrate to the United States. This process generally requires U.S. citizens and LPRs to first file a family-based petition with USCIS on behalf of their noncitizen family member. If USCIS approves the petition, the family member is then eligible to apply for LPR status.
Because the family-based immigration process requires U.S. citizens and LPRs to petition for their noncitizen family member, they have control over the petitioning process. Some U.S. citizens and LPRs use their control over this process as a tool to further abuse the noncitizen, threatening to withhold or withdraw the petition in order to control, coerce, and intimidate their family members. This allows abusive U.S. citizens and LPRs to perpetuate their abuse, and their family members may be afraid to report them to law enforcement or leave the abusive situation, as they may be dependent on the U.S. citizen or LPR to obtain or maintain their immigration status.
With the passage of VAWA, Congress created a path for victims of domestic violence and abuse to independently petition for themselves, or self-petition, for immigrant classification. The purpose of the immigration amendments in VAWA was to give noncitizens who have been abused by their U.S. citizen or LPR relative the opportunity to independently seek immigrant classification without the abuser’s participation or knowledge. Allowing victims to self-petition means that they are no longer dependent on their abusive family member to obtain immigration status, thereby removing at least one barrier to ending the abuse.
Legislative History
VAWA was enacted into law as Section IV of the Violent Crime Control and Law Enforcement Act of 1994.[4] Since its passage in 1994, there have been three reauthorizations of the statute (in 2000, 2005, and 2013), all of which expanded and added new protections for VAWA self-petitioners.[5]
The table below provides a summary of key provisions related to self-petitions in VAWA and its subsequent reauthorizations.
|
Laws |
Key Provisions for VAWA Self-Petitions |
|---|---|
|
Violent Crime Control and Law Enforcement Act of 1994[6] (The VAWA provisions of this law are known as the “Violence Against Women Act of 1994” or VAWA 1994) |
|
|
Victims of Trafficking and Violence Protection Act of 2000 (VAWA 2000)[7] |
|
|
Violence Against Women and Department of Justice Reauthorization Act of 2005[8] Violence Against Women and Department of Justice Reauthorization Act of 2005 Technical Amendments (These two laws are collectively referred to as VAWA 2005)[9] |
|
|
Violence Against Women Reauthorization Act of 2013 (VAWA 2013)[10] |
|
C. Legal Authorities
-
INA 101(a)(51) – Definition of VAWA self-petitioner
-
INA 204 – Procedure for granting immigrant status
-
8 CFR 204.2 – Petitions for relatives, widows and widowers, and abused spouses and children[11]
-
8 U.S.C. 1367 – Penalties for disclosure of information
Footnotes
[^ 1] See Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 (PDF), 108 Stat. 1796, 1902 (September 13, 1994).
[^ 2] See INA 101(a)(51). Although INA 101(a)(51) includes several benefits under the term “VAWA self-petitioner,” this part focuses on self-petitions filed under INA 204(a).
[^ 3] See INA 201(b)(2)(A)(i). See INA 203(a)(2)(A). See INA 245(a).
[^ 4] See Title IV of Pub. L. 103-322 (PDF), 108 Stat. 1796, 1902 (September 13, 1994).
[^ 5] See Title V of the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386 (PDF), 114 Stat. 1464, 1518 (October 28, 2000). See Title VIII of the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109-162 (PDF), 119 Stat. 2960, 3053 (January 5, 2006). See Section 6 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 Technical Amendments, Pub. L. 109-271 (PDF), 120 Stat. 750, 762 (August 12, 2006). See Title VIII of the Violence Against Women Reauthorization Act of 2013, Pub. L. 113-4 (PDF), 127 Stat. 54, 110 (March 7, 2013).
[^ 6] See Pub. L. 103-322 (PDF), 108 Stat. 1796, 1902 (September 13, 1994).
[^ 7] See Pub. L. 106-386 (PDF), 114 Stat. 1464, 1518 (October 28, 2000).
[^ 8] See Pub. L. 109-162 (PDF), 119 Stat. 2960, 3053 (January 5, 2006).
[^ 9] See Pub. L. 109-271 (PDF), 120 Stat. 750, 762 (August 12, 2006).
[^ 10] See Pub. L. 113-4 (PDF), 127 Stat. 54, 110 (March 7, 2013).
[^ 11] The VAWA regulations at 8 CFR 204.2 were promulgated in March 1996 and have not been updated to include superseding statutory provisions. Note that some of the regulatory provisions may no longer apply.