Victims of domestic violence are often dependent on their abusers for housing—a situation that places an already at-risk person in even greater peril, particularly when that person is an immigrant. The Violence Against Women Act (VAWA) provides a lifeline for immigrants at risk of losing their housing due to domestic violence, dating violence, sexual assault, and stalking.
Odunlami Law advocates for immigrant domestic violence survivors across New Jersey and nationwide. We help survivors understand and access VAWA housing protections to secure their safety and independence. If you’re hesitating to seek help, know that we stand ready to support you in establishing stable housing and building a safer future in the U.S.
What Are VAWA Housing Protections?
VAWA housing protections prevent survivors of domestic violence, sexual assault, and stalking from being evicted or denied housing in federally assisted programs due to the abuse they’ve suffered.
Depending on the circumstances, specific protections may include:
- Eviction protection
- Protection from denial of subsidized housing
- An emergency transfer to a safer unit or property
- Lease bifurcation (having the abuser’s name taken off the lease, while your name remains)
- Confidentiality safeguards
An experienced VAWA lawyer can use U.S. immigration law to help you enjoy these protections. Once you are safe, you can begin working toward other immigration goals, if you wish, including obtaining a green card.
Who Qualifies for Housing Protections Under VAWA?
The housing protections under VAWA protect you if:
- You live in or are seeking to live in federally subsidized housing, including a public housing project, HUD-subsidized housing, or housing funded with a Section 8 voucher, and
- You are at risk of losing or being denied federally subsidized housing because you are the victim of domestic violence, dating violence, sexual abuse, or stalking
These two factors are often linked because survivors who rely on federally assisted housing often face additional barriers when trying to escape abusive situations. Without VAWA protections, a survivor could be unfairly evicted or denied housing due to circumstances beyond their control, such as property damage caused by an abuser or frequent police visits due to domestic violence incidents.
VAWA ensures that survivors do not have to choose between enduring abuse and becoming homeless.
By enforcing these protections, VAWA helps break the cycle of abuse and provides survivors with the opportunity to rebuild their lives in a safe and stable environment.
How Can I Access Housing Protections Under VAWA?
If you or someone you know is experiencing housing discrimination, eviction threats, or difficulty securing safe housing due to domestic violence, the following steps can help in obtaining protection under VAWA:
- Inform your housing provider: Let your housing provider know you are an immigrant suffering from domestic violence and in need of VAWA protections. They must follow the law. If they don’t know you are eligible for VAWA protections, they may try to have you evicted or take other adverse actions against you.
- Request an emergency transfer: If your situation is urgent, it is within your rights to request an emergency transfer to a unit or property that provides you with a safe place to live.
- Maintain documentation: Keep all documents relating to this issue, including medical records and police reports pertaining to the abuse you have suffered, and communications with your landlord and housing authority.
- File a complaint, if necessary: If you face discrimination or denial of housing due to your status as a victim of domestic violence, you may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
Remember, you don’t have to face this struggle alone. An experienced immigration law attorney from Odunlami Law can provide you with guidance and advocacy designed to remove you from danger while keeping your housing eligibility—and immigration status—intact. We have handled numerous VAWA housing cases and know which legal strategies are likely to end in success.
How Odunlami Law Can Help
Our experienced legal team can help you with your VAWA housing application and other documentation you need to protect your housing status. If you are experiencing housing instability, we can help you explore additional housing resources.
In addition to VAWA’s housing protections, we can help you pursue the other powerful benefits of this law, which include:
- Protection from deportation
- Eligibility for work authorization
- Access to certain public benefits
- Relief from sexual abuse, trafficking, domestic servitude, and other abusive behavior
Going forward, we can help you explore the options available to you. If you want to remain in the U.S., we can help you with your forms I-360, I-485, and other paperwork you will need to do so safely and legally. We are here to handle any complications that arise during the process.
Talk With an Attorney Who Cares and Can Help
To learn more about VAWA housing protections and how Odunlami Law can help you keep your housing and move on to a better life in the U.S., contact us for a confidential legal consultation.
