Importantly, if a family member does not qualify under the law for a benefit, the US citizen has done nothing more than to inform Immigration where to find that family member. An unfortunate consequence may be deportation or removal.
The Colombian parents of Haley brought her illegally into the country when she was one year old. The family converted from Catholics to Pentecostals. Fearing harm if they returned to Colombia, the parents applied for asylum with the Immigration Service.
The child who has been abused is eligible for a green card
The Violence Against Women Act is not just for women. Children may benefit from this law, too. A child who has been the victim of abuse by a Lawful Permanent Resident
Victims of domestic violence and their children can obtain legal permanent residence (green cards) if they have been abused by a United States citizen or lawful permanent resident relative. The Violence Against Women Act (VAWA) also applies to men.
Abuse is not just physical. In fact, the level of harm needed to obtain residency based on the Violence Against Women Act (“VAWA”) is not limited to physical abuse.
The Violence Against Women Act is designed to protect foreign nationals from spousal abuse. They can leave an abusive relationship with a U.S. citizen or Legal Permanent Resident spouse without fear of deportation. The foreign nationals self-petition for a green card.