The Violence Against Women Act (VAWA) allows an alien spouse of a US citizen or green card holder to self-petition if they have been battered or subjected to extreme cruelty. The purpose of this law is to prevent the citizen or green card holder petitioner from holding the person “hostage,” either through physical or mental abuse.
Many people believe that to qualify for VAWA, they had to suffer physical abuse, meaning the abuser beat them up, they have bruises, black eyes, broken bones, hospital records, police reports, etc., demonstrating their physical abuse.
However, a person could also be eligible for a VAWA self–petition based on mental abuse (or extreme cruelty), even if there has been no physical abuse. According to regulations, extreme cruelty may include any act or threatened act of violence, including any forceful detention, that results or threatens to result in physical or mental injury. It could include psychological or sexual abuse or exploitation, isolation, humiliation, degradation, economic control, obsessive jealousy, social isolation of the victim, accusations of infidelity/cheating, calling or texting the spouse at work dozens of times throughout the day to monitor their whereabouts, and other exercises of power, dominance, and control, that do not necessarily rise to the level of physical abuse or domestic violence.
The petitioner may keep the spouse locked up in their house or apartment, not allowing her to go out of the house or socialize with friends. He may constantly threaten to have her deported or his petition pulled, if she does not follow his instructions. He may not give her any money to live on, and treats her as though she were a slave. In one case we handled, the abuser never hit her, but he kept the spouse like a slave. He would give her one can of soup (which was good for two servings), and expected that single can of soup to last for two meals. He would call her names, yell at her, threatened to send her back to the Philippines, and even had her get on her knees to “beg” for pocket money, etc. We were able to get her green card based on extreme mental cruelty, even though he never physically abused her.
Of course, regular marital spats, where a husband and wife get into a one-time argument, and each are calling the other names, and they kiss and make up, would unlikely rise to the level of mental abuse. In one case, a woman wanted to pursue a VAWA self-petition, claiming the mental cruelty was her husband wanted her to cook dinner for him. Obviously, that would not rise to the level of extreme cruelty.
But if you married an abusive citizen or green card holder, who is making your life a living hell, and is refusing to petition you, or threatens to send you back, you may want to (discreetly) see an immigration attorney, who can evaluate your situation, to see if your mistreatment rises to the level of extreme cruelty. In addition, all VAWA applications are strictly confidential, and USCIS would not notify the abuser if an application is filed. VAWA benefits are not just available for abused wives, but also for abused husbands who have been subjected to mental abuse.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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