What Disqualifies You From VAWA?

While the Violence Against Women Act (VAWA) provides a critical path to lawful immigration status for victims of abuse, certain factors can disqualify an applicant from VAWA protection or from obtaining a VAWA-based green card.

Here are the key disqualifiers:

1. Serious Criminal History: Convictions for certain crimes—such as violent offenses, drug trafficking, or crimes involving moral turpitude—can make you inadmissible or ineligible for relief under VAWA. Each case is assessed on its facts, but serious or multiple convictions raise red flags.
2. Immigration Violations: Prior removal (deportation) orders, unlawful re-entry, or significant immigration fraud (such as using false documents or lying to immigration officers) can impact your eligibility.
3. Drug-Related Offenses: Drug convictions, especially involving trafficking or possession of controlled substances (except for a single marijuana offense under 30 grams), may result in denial.
4. Fraud or Misrepresentation: If USCIS finds that you have committed fraud or misrepresented material facts to obtain an immigration benefit, this may disqualify you unless you qualify for a waiver.
5. Security or Terrorism Concerns: Individuals involved in or associated with terrorism, espionage, or other national security threats are generally barred from relief under VAWA.
6. Public Charge Grounds (Limited Cases): While VAWA applicants are largely exempt from public charge determinations, fraud in public benefits or other related issues could still be considered negatively.

Important Note: Some of these grounds of inadmissibility may be waived in VAWA cases if you can show that the act was connected to the abuse you suffered. Always consult an experienced immigration attorney to explore possible waivers and legal remedies.