As a Miami immigration lawyer and an Austin immigration lawyer, I noted with interest, back in early 2016, U.S. Citizenship and Immigration Services (USCIS) issued a policy memo making victims of abusive spouses in certain nonimmigrant (temporary) visa categories eligible to apply for employment authorization documents (EADs or work permits). The legal basis for USCIS’s action is the Violence against Women’s Act (VAWA). Below are some frequently asked questions.
What is VAWA (the Violence Against Women’s Act)?
The Violence Against Women Act of 1994 (VAWA) is a United States federal law (Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act, H.R. 3355) signed as Pub.L. 103–322 by President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
Does VAWA apply to immigrants who qualify?
Yes, if you are battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
I want to file an immigration petition under VAWA, however I don’t want my abuser to know. What are my options?
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
Can I apply for work authorization under VAWA?
Yes. Starting February of 2017 the USCIS began issuing a new work permit form especially for this group of nonimmigrants, along with instructions for applying. If you have any questions in regard to this, you should speak with a Miami immigration attorney or an Austin immigration attorney.
What is the name of the form used to apply for work authorization under VAWA?
It’s called Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse.
Who is eiligible to apply for employment authorization under VAWA?
Applicants eligible to apply for EADs using this new form include abused spouses of foreign nationals holding any of the following types of visas:
- A (diplomatic)
- E-3 (Australian specialty occupation worker)
- G (foreign government or international organization representative) or
- H (H-1B specialty occupation worker, H-2B temporary non-agricultural worker, or H-3 trainee).
If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
What is different about this new form?
The new form is longer than the work permit form used by most applicants (Form I-765), and for good reason. Because marriage to a nonimmigrant is the basis for eligibility, the applicant must answer numerous questions about his or her spouse. Also, as the instructions to the form make clear, the applicant needs to supply a good deal of information proving the abuse (battery or extreme cruelty) and proving that it took place in the United States. If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
If the USCIS approves the application, how long will the employment authorization be for?
If USCIS approves the application, it will issue an EAD good for two years and renewable for additional two-year intervals, assuming the applicant still meets the eligibility requirements. If you have any questions in regard to this, you should speak with a Miami immigration lawyer or an Austin immigration lawyer.
If you would like more information on VAWA, obtaining a green card, or obtaining U.S. citizenship, please contact Miami immigration lawyer and Austin immigration lawyer Michael G. Murray, Esq. at (305) 895-2500 or visit our website at www.mmurraylaw.com.