VAWA Includes Same-Sex Relationships

Great news! The Violence Against Women Act (VAWA) now explicitly applies to domestic violence cases that occur in same-sex relationships. Although VAWA never excluded same-sex couples when it was first passed by congress in 1994, the recent memorandum from the Justice Department now clearly interprets VAWA as including violence perpetrated in gay and lesbian relationships, in addition to heterosexual ones.

David J. Barron, the acting Assistant Attorney General of the Justice Department, argued in his memorandum that the language of VAWA offers protection even when the victim and the offender are of the same sex, and that federal prosecutors should enforce criminal provisions listed in VAWA regardless of the sex of the victim or the offender. In fact, even though the act is called the Violence Against Women Act, the language of VAWA is gender-neutral - - using terms like “intimate partner”, “dating partner”, “spouse” and “another person”.

This is an important decision for gay couples. The New York Times quotes Brian Moulton, chief legislative counsel of a gay and lesbian advocacy group called the Human Rights Campaign, as saying: “It’s a step towards equality and recognizing that our relationships exist and are subject to the same sorts of issues that face other committed couples.”

To learn more you can read the memorandum or read about same-sex abuse on WomensLaw.org.

VAWA Includes Same-Sex Relationships

VAWA and U Visa for non-citizen victims of abuse

VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. VAWA is intended to help battered non-citizens who are married to, or recently divorced from US Citizens or Lawful Permanent Residents self-petition for Lawful Permanent Residence or to remove the condition on their 2-year Conditional Permanent Residence cards.

Self petitioning means that the victim of abuse can apply on her own without the knowledge of the abuser. In fact, the law is clear that the Unites States Citizen and Immigration Services (USCIS) may not inform an applicant’s spouse that a victim has applied for residency.

If a non-citizen victim of abuse is not married to or recently divorced from the abuser then a U Visa could be a good option for obaining legal status. The U Visa is designed to provide immigration status to non-citizens that are assisting or are willing to assist authorities investigating crimes. Non-citizens may be eligible for a U Visa if they are a crime victim who (1) have suffered substantial physical or mental abuse from criminal activity; (2) have information regarding the criminal activity; (3) assist government officials in the investigation or prosecution of such criminal activity; and (4) the criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States.

Please visit WomensLaw.org to read more about VAWA and U Visas including steps on how to petition.

*42 U.S.C.A. § 3796gg-0 (Retrieved from: http://www.ovw.usdoj.gov/docs/ovw_establishment.pdf)

VAWA and U Visa for non-citizen victims of abuse