23 Mar Immigration Evaluations: VAWA petitions.
Immigration Evaluations: VAWA petitions.
Some victims of domestic abuse can be helped with a precise immigration evaluation, so they can have a better chance of acquiring immigration status and gain more independence.
Domestic abuse is an old social issue. Source: Francisco Goya / Public domain
What is an Immigration Evaluation?
Immigration evaluation is a tool used to facilitate certain immigration processes, for example, to obtain the VAWA petition, which aims to protect some victims of violence domestic. This kind of evaluation is meant to assess the psychological and emotional damage caused by specific circumstances of domestic violence.
An appropriate immigration evaluation can be very useful to approve these petitions. This report should be done by a mental health professional and the client needs to complement it with individual psychotherapy.
Concerning domestic violence, the United States gives the chance of permanent residency to some victims, who must meet some requirements. Like previously mentioned, it is necessary to show that psychological trauma or another disorder was caused by domestic abuse through an immigration evaluation among other things.
Domestic violence is a severe problem
Home should be a sacred place where you find protection and peace, for many people the word home evokes a sense of security, but in reality, this place is not free of aggressive actions, indeed, this kind of violence is present around the world along human history.
Domestic violence, also known as domestic abuse, is one of the problems that have a heavy toll on modern society, many individuals, mostly women and children die from domestic violence.
In some countries, this phenomenon is a terrible scourge. For this reason, there are endless programs, laws, among other measures designed to combat domestic violence.
It is vital to clarify that domestic abuse is not just a matter of physical damage. Violence does not need to be a tangible act like a beating. Verbal violence is also considered abuse. This kind of violence seeks to destroy the confidence and worth of the victim.
Both kind of abuse, physical or verbal leave emotional and psychological marks such as:
- Frequent nightmares.
- Posttraumatic stress disorder and other problems.
- Panic attacks.
- Low self-esteem.
- Guilt feelings and shame.
Additionally, children might acquire learning problems, trouble concentrating and other signs that could affect negatively their academic performance and social achievement Also, children might identify themselves with the role of the aggressor or the victim causing them psychological or behavioral problems.
Immigration evaluation and VAWA petition
Mental health professionals with experience in immigration issues who perform immigration evaluations for VAWA petitions, use clinical interviews among other clinical instruments to find signs of abuse that have been affecting the client’s mental state.
This particular report describes a comprehensive mental health status as well as symptoms, diagnosis and prognosis of the victim. This information is crucial for an immigration case and most immigration lawyers know how important immigration evaluations are in this kind of immigration petitions.
VAWA helps men, women and children who are victims of domestic abuse equally, despite the name VAWA which is the acronym of the Violence Against Women Act. Therefore, this petition recognizes that men can be domestic violence victims as well and need to be helped too.
Spouses and children who apply for this petition do not have a proper immigration status and are either married to a U.S. citizen or resident who is their abuser or have a filial relationship with the abuser. Also parents can apply if they have been abused by a U.S. citizen son or daughter. Through a self-petitioning process, the battered spouse, parent or child may apply for immigration status without the knowledge or involvement of the abuser. This self-petition considers that domestic abuse is not only between spouses.
VAWA covers all physical and emotional abuse issues in the domestic sphere.
VAWA aims to get the legalization of certain people who could not solve their legal situation because their abuser, in a way or another, interfered with their immigration process to have control over them.
There is more information about the visa VAWA on the official page of USCIS: www.uscis.gov (U.S. Citizenship and Immigration Services)
Conclusion
In the United States, there are many individuals who do not have legal status, some of them are victims of domestic violence, their immigration status makes them more vulnerable to abuse. VAWA becomes the hope of a better life, where victims of domestic abuse can have access to permanent residency in the U.S. as well as availability to resources to improve their physical and mental health.
An immigration evaluation is one of these valuable resources. This report is not only an assessment but also the beginning of a healing process for many victims.
Gabriela R. Giuggioloni MA, LCSW-R
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