VAWA Archives - Immigration Law Office of Karen Winston

August 29, 2023

Emotional Abuse: The Silent Struggle in VAWA’s Framework

The Violence Against Women Act (VAWA) was a groundbreaking move in 1994 to address and mitigate the deeply rooted issues of domestic and sexual violence in the U.S. While physical violence often stands out as the most visible form of abuse, VAWA’s acknowledgment of emotional abuse represents a crucial step towards understanding the multifaceted nature […]

June 6, 2021

Prosecutorial Discretion is Back!

There is major welcome news for many people in removal (deportation) proceedings. One great way Prosecutorial Discretion (PD) in the immigration court context can be used is to administratively close or terminate cases which shouldn’t be a priority for the government to deport. OPLA has just issued a memo clarifying how and when DHS should […]

January 30, 2021

BIG Changes in Immigration Law

President Biden has proposed a sweeping immigration bill that would make many persons eligible for lawful status. As of today’s post (January 30, 2021), Congress has not yet passed this bill into law so the specifics of any new immigration options are currently unknown, but the Law Office of Karen Winston is closely monitoring the […]

May 14, 2020

How can the Violence Against Women Act (VAWA) help an abused spouse obtain lawful permanent residence (green card)?

Under VAWA, noncitizen victims of domestic violence may “self-petition” for U.S. residence without the cooperation of an abusive spouse. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition. An approved VAWA self-petition provides the applicant with work authorization, […]

May 14, 2020

5 Common Myths about the Violence Against Women Act (VAWA) self-petitions

The abuse must be physical. One requirement to qualify under VAWA is that the petitioner has been subjected to battery or extreme cruelty. Domestic violence may be physical, but verbal abuse or emotional abuse are also forms of domestic violence and depending on the specific circumstances, may amount to extreme cruelty. Only women qualify for […]