Each year, thousands of immigrants—both men and women—experience domestic abuse in the United States. The Violence Against Women Act (VAWA) was designed to protect victims and provide them with an opportunity to regularize their immigration status.
However, some individuals attempt to take advantage of these benefits by filing false abuse reports, which can have serious legal and immigration consequences.
In this article, you will learn what VAWA is, the risks of making a false report, and why it is crucial to always act honestly when applying for immigration benefits under this law.
What Is VAWA in the United States?
VAWA is a federal law created to protect undocumented individuals who have been victims of abuse or domestic violence. This law allows victims to self-petition for immigration relief without relying on their abuser. It is a crucial tool for those seeking safety and legal status without jeopardizing their immigration case.
For example, if a person suffers physical, emotional, or psychological abuse from a spouse, parent, or child who is a US citizen or lawful permanent resident, they may qualify for VAWA protection.
Now that you understand what VAW. A is, let’s discuss the consequences of filing a false report.
What Happens If You File a False Domestic Violence Report?
It is essential to understand that filing a false abuse report is a serious crime under US -“federal law. It can lead to severe legal consequences, including:..
- Perjury or false testimony charges: Making a false statement under oath is a criminal offense in many states. Deliberately providing incorrect information under penalty of perjury can have serious repercussions.\
- Fines and imprisonment: Depending on the severity of the case, you could face heavy fines or even a prison sentence. In some states, perjury is classified as a felony punishable by up to five years in prison.
Honesty is essential when filing any claim under VAWA. Providing false information can not only harm your case but also jeopardize your future in the United States.
Immigration Consequences of Filing a False Report
Under US immigration law, fraud is a serious offense that can make you ineligible for current and future immigration benefits. If you falsely claim to be a victim of domestic violence under VAWA, you could face:
- Immediate deportation: If authorities discover that your abuse report was false, you may be removed from the country.
- Ineligibility for immigration relief: You may lose the opportunity to adjust your status or apply for any other immigration benefit in the future.
- Criminal record: A fraud or false testimony charge can impact your ability to obtain employment, housing, or other legal rights in the US.
In serious cases, individuals who submit false abuse claims could face up to five years in prison. US immigration laws do not tolerate misuse of protections designed to help genuine victims.
What Does the VAWA Visa Forgive?
If you qualify for VAWA, the law forgives certain immigration violations that might otherwise prevent you from adjusting your status in the US. Below are some key immigration benefits under VAWA:
1. Unlawful Entry
If you entered the US without documents, VAWA may help you adjust your status. Unlike other immigration processes where unauthorized entries bar applicants from obtaining legal status, VAWA provides exceptions for survivors of abuse.
Even if you crossed the border multiple times without authorization, VAWA may allow you to apply for a green card as long as you meet all eligibility criteria.
2. Overstaying a Visa
If you remained in the US beyond the allowed period on a tourist visa, student visa, or work visa, VAWA may forgive this violation.
Many non-VAWA immigration processes impose severe penalties for overstays, including bans on re-entry for up to 10 years. However, VAWA removes these penalties, allowing survivors to continue their immigration process without facing these consequences..
3. Unauthorized Employment
Many undocumented immigrants work without authorization to support themselves and their families. In most cases, working without a valid work permit can disqualify an applicant from adjusting their status.
However, VAWA provides an exception, allowing survivors to apply for a green card even if they previously worked without authorization.
4. Crimes That VAWA Does NOT Forgive
Although VAWA is flexible when it comes to immigration violations, it does not forgive serious criminal offenses. Some crimes that cannot be waived include:
- Drug trafficking or distribution
- Terrorist activities or ties to terrorist organizations
- Serious violent crimes such as homicide, kidnapping, or child abuse
To qualify for VAWA relief, applicants must prove they do not pose a threat to public safety and meet all eligibility requirements.
Why Is VAWA Important?
VAWA is a critical legal tool for protecting survivors of domestic abuse. According to recent data, between 2019 and 2020, over 20,000 Latinos reported experiencing domestic violence in the US. Many of these individuals were undocumented immigrants who feared deportation if they reported their abusers.
For these individuals, VAWA represents a path to safety and a secure future. Key benefits include:
- Self-petition without a sponsor: You do not need your abuser’s help or consent to apply for immigration relief.
- Work authorization and lawful status: VAWA applicants may qualify for employment authorization while awaiting their green card.
- Path to permanent residency and citizenship: Once your VAWA petition is approved, you may apply. for a green card and later become a US citizen.
How to Avoid Issues When Applying for VAWA?
If you are a survivor of abuse and plan to apply for VAWA, it is important to follow the correct process and avoid mistakes that could jeopardize your case. Here are some key tips:
- Provide solid evidence: Submit strong documentation supporting your case, such as, police reports, medical records, affidavits from friends and family, and psychological evaluations.
- Be completely honest: Avoid exaggerating or fabricating details. Lying can lead to serio. us legal and immigration consequences.
- Seek legal assistance: An immigration attorney can guide you through the VAWA applic. ation process and help you avoid common pitfalls.
Misusing VAWA protections not only harms your case but also undermines resources meant for real victims.
VAWA is a powerful law that protects survivors of abuse, but misusing it can result in severe consequences. Filing a false domestic violence report is a serious offense that can lead to deportation, criminal charges, and ineligibility for future immigration relief.
Now that you understand what VAWA is, what the VAWA visa forgives, and the risks of filing a false claim, ensure that you act with integrity and seek legal help if you need guidance.
If you are a survivor of abuse, VAWA can be a vital tool to help you rebuild your life safely and legally.