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I Am in a Same-Sex Marriage. Am I Eligible For VAWA?

female couple outside

As the United States continues to make strides towards equality and inclusivity, it is important to understand that the protections offered under the Violence Against Women Act (VAWA) extend to individuals in same-sex marriages. Regardless of immigration status, gender or sexual orientation, survivors of abuse in same-sex marriages have the right to pursue legal remedies and seek protection under VAWA.

While the Violence Against Women Act is designed to provide protections for all survivors of domestic violence in the United States, this important piece of federal legislation includes specific protections for immigrants. Notably, it provides a pathway to lawful immigration status for survivors who may have otherwise had to rely on an abusive partner or parent to file for them.

Eligibility for VAWA

Those in same-sex marriages who have faced abuse from a U.S. citizen or lawful permanent resident spouse are covered by VAWA protections, assuming they meet eligibility requirements. The key eligibility requirements are as follows:

  • The abusive relationship must have occurred in the United States or U.S. territories.
  • The abuser must be a U.S. citizen or lawful permanent resident.
  • The survivor must have entered into the marriage with good faith, not primarily for immigration benefits.
  • The survivor must demonstrate good moral character.
  • The survivor must have resided with the abuser.
  • The survivor must have evidence to support the claims of abuse.
  • If the survivor is divorced from the abuser, the self-petition must be filed within two years of the divorce.

These eligibility requirements apply regardless of the gender or sexual orientation of the individuals involved, ensuring that survivors in same-sex marriages have equal access to VAWA protections.

Steps to Take as a Survivor in a Same-Sex Marriage

If you are in a same-sex marriage and have experienced abuse, it is critical to take proactive steps to ensure your safety and explore your legal options. Important steps to consider include:

  • Seek assistance from local domestic violence shelters and support services, which can provide essential resources and guidance tailored to the unique needs of individuals in same-sex relationships.
  • Document the abuse whenever possible by obtaining police reports, seeking medical attention for any injuries, and gathering witness statements or other forms of evidence that can support your claims.
  • Consult with an experienced immigration attorney who has a deep understanding of VAWA and its application to individuals in same-sex marriages. An attorney can provide vital support in preparing a comprehensive and compelling self-petition, advocating for your rights, and guiding you through the legal proceedings with sensitivity and expertise.
  • Reach out to trusted friends or family members for emotional support and assistance in accessing essential resources such as housing, transportation, and childcare if needed.
  • Create a safety plan to protect yourself in case of emergency, including identifying safe locations and establishing a code word or signal with a trusted individual to communicate distress without alerting the abuser.
  • Familiarize yourself with the provisions of the Violence Against Women Act (VAWA) and the protections it offers to survivors of abuse in same-sex marriages, including the opportunity to file a VAWA self-petition independently from the abuser.

Understanding Your Rights and Options

Survivors of abuse in same-sex marriages must be aware of their rights and legal options. VAWA provides crucial protections and avenues for seeking independence and safety, regardless of the gender or sexual orientation of the individuals involved. However, it is essential to seek guidance from an experienced immigration attorney who can provide comprehensive support, navigate the complexities of VAWA, and empower survivors to pursue legal remedies with confidence.

By actively pursuing available legal remedies and support services, individuals in same-sex marriages who have experienced abuse can take a significant step towards securing their safety and immigration status in the United States. Remember, you are not alone, and there are supportive resources and legal protections available to help you during this difficult time.

Contact an Orange County Immigration Lawyer Today

If you or someone you know is in an abusive situation, it is in your best interest to reach out for help and explore the legal protections available under VAWA. Your safety and well-being are of the utmost importance, and there are compassionate professionals ready to help. At Yekrangi & Associates, our immigration attorneys will hear your story, determine the best legal strategy, and ensure that you fully understand your rights and options before moving forward. We are well-versed in VAWA, including how it pertains to individuals in same-sex marriages. Contact our Orange County immigration team today for a confidential consultation and to learn more.

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