Experiences of Immigrant Women Who Applied for Violence Against Women Act (VAWA) Self- Petition in the United States: Analysis of Legal Affidavits

Monica Scott,Akiko Kamimura,Shannon Weaver

doi:10.21767/2049-5471.100168

Abstract

Intimate partner violence (IPV) is a significant human rights and public health issue. In particular, immigrant woman may face more challenges than non-immigrant woman when trying to leave an abusive partner. The Violence Against Women Act (VAWA) in the United States (U.S.) allows spouse-sponsored immigrant women who have experienced IPV to self-petition for legal status without assistance from their abusive partner. The purpose of this study is to explore the experiences of abused immigrant women and their interaction with VAWA. Seventy affidavits from the victims’ legal immigration selfpetitions were qualitatively analyzed. Results showed that women who applied for VAWA feared being in a worse position if they did leave and as such often delayed their leaving from an abusive relationship. Some women were unaware of available resources for securing safety and leaving an abusive relationship. Additionally, community resources were not always beneficial for these women. Because of the added complication surrounding their documentation status for immigrant female victims of IPV, this study suggests that more care and resources should be dedicated to this vulnerable population of women. Educational opportunities for immigrant women and community organizations are essential so immigrant women experiencing IPV can escape their harmful situation and achieve positive health outcomes.

Highlights

Immigrant women are the most vulnerable group of women to face Intimate Partner Violence (IPV) in the United States (U.S.) [1,2]
Emotional Physical Sexual Community resources that a victim contacted (Multiple answers) Police Protective order Shelter Religious organization YWCA Abuser had behavioral issues Abuser’s legal status United States (US) born Citizen Naturalized US Citizen Permanent Resident
Most women who applied for Violence Against Women Act (VAWA) feared being in a worse position if they did leave and as such often delayed their leaving from an abusive relationship

Summary

Introduction

Immigrant women are the most vulnerable group of women to face Intimate Partner Violence (IPV) in the United States (U.S.) [1,2]. Some immigrant women who experience IPV before and/or during their immigration legal process will not seek help due to fear of deportation and limited access to social services [1]. A perpetrator of IPV who is a U.S citizen or permanent resident can threaten and control his immigrant spouse using her uncertain legal status [3]. The Violence Against Women Act (VAWA) was passed by the United States Congress in 1994 [4,5]. VAWA does this by legally protecting abused women who are not citizens or lawful permanent residents [6]. Instead of the immigrant women depending upon their abusive spouses to apply for her lawful permanent residency, women can apply on their own and their children’s behalf. The spouse plays no role in the process and does not need to know that their wife is applying for permanent residency [7]

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