AVAIL: Legal Solutions for VAWA

August 1st, 2016 | TraumaResilience

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Our program provides legal assistance for both U Visa applications and petitions under the Violence Against Women Act (VAWA). Our services are free and may provide a pathway to citizenship in the future.

What is VAWA?

AVAIL provides legal aid to noncitizen victims of abuse. Individuals who may qualify for a VAWA petition through our clinic include immigrant spouses, children, and in some cases, parents who have suffered abuse and/or extreme mental cruelty from a United States Citizen or a Lawful Permanent Resident.

VAWA is a federal provision which allows for noncitizen survivors of abuse to remain in the United States. Under VAWA, noncitizen survivors may be eligible for lawful permanent residency, empowering them to gain the confidence to leave their abusers without fear of deportation or of losing the rights over their children. VAWA provisions apply to all genders and same-sex partnerships.

What is a U Visa?

In addition to providing petitions under VAWA, AVAIL also provides legal services to immigrants in Denver judicial districts 2, 17, and 18 who are survivors of qualifying crimes. Under the Victims of Trafficking and Violence Prevention Act, such survivors may be eligible to apply for a U Visa. To qualify for a U Visa (also referred to “U Nonimmigrant Status”), the noncitizen survivor must have suffered substantial physical or mental abuse from a qualifying crime committed against them, and must have been, or will likely be, helpful in the investigation and/or prosecution of the criminal activity. Impacted family members who were not directly harmed by the criminal activity may, in certain cases, nonetheless still be eligible to apply for a U Visa.

Our staff are skilled in preparing, drafting, and filing both VAWA and U Visa cases. Further, our staff provides a trauma-informed approach to providing legal assistance to undocumented immigrant survivors. Our agency offers a holistic approach, supporting our clients with individual and family counseling, support groups, financial assistance, and trauma-sensitive yoga classes.

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