Are you an immigrant and a victim of domestic violence and struggling with your immigration status? Your best ally can be a VAWA immigration lawyer. For technical assistance under the Violence Against Women Act (VAWA), you require professional help. That will help you familiarize yourself with the legal process. You could be a permanent resident spouse, or you could be dealing with immigration issues because of an abusive partner.
You are reading an article that provides essential information. It discusses how VAWA can assist and how a skilled immigration attorney in our specialized firm can help you navigate and apply for VAWA.
VAWA: What Is It and How Does It Protect Domestic Violence Victims?
In 1994, Congress passed the Violence Against Women Act (VAWA). The group created it to protect addresses for people facing domestic violence. VAWA guarantees that victims of extreme cruelty are not adversely impacted by an abusive relationship and their immigration status.
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Key Features of VAWA
Immigration for Victims of Abuse: Under VAWA victims of domestic violence can obtain relief when the abuser has settled with U.S citizens or lawful permanent residents.
Venues for Getting a Green Card: One of the most significant benefits of the VAWA is that it allows individuals to be eligible for a green card without needing and typically dangerous collaboration from their abusive spouse. VAWA allows a victim of domestic violence to file for immigration relief without the fear of being deported.
How the VAWA Application Process Works
You may qualify for VAWA protection and a VAWA green card, if you are a victim of domestic violence. This process can be complicated but having an experienced immigration attorney on your team to help you navigate this process is crucial.
How to Apply for VAWA Protection
Eligibility: You must demonstrate to qualify for VAWA protection that:
You have a domestic violence victim.
The abuse took place in the United States.
You’re married to a U.S. citizen or lawful permanent resident (or were married to one in the past).
You were abused by your spouse or parent of a U.S. citizen.
VAWA I-360 Petition: You will need to file a petition for U.S. citizen or lawful permanent resident. An experienced lawyer will assist you in preparing and submitting the application to U.S. Citizenship and Immigration Services (USCIS).
Filing the abuse: You must submit factual evidence supporting your abuse claim with an array of evidence, records, and other files that demonstrate you are the victim of extreme cruelty, including police reports, forensic reports, witness testimonials, etc.
Receiving the Decision: Upon filing your petition it will be reviewed by USCIS. Upon approval, you will be eligible to apply for a green card, which gives you lawfully admitted permanent resident status.
Feel free to post your next question on how VAWA status allows you to apply for a green card too.
VAWA and Your Rights as a Victim of Domestic Violence
VAWA offers comprehensive protections to victims of abuse, especially those who are trapped in abusive relationships where the abuser controls their immigration status. A VAWA immigration attorney will fight for you, your rights, and your future.
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What Does VAWA Protect From?
Abusive Spouse or Parent: VAWA makes sure that a victim of abuse by a spouse or parent cannot use their immigration status as a means of control.
Protection Against Deportation: For individuals who have suffered abuse and would otherwise face deportation, VAWA provides a form of protection against deportation.
Path to Citizenship: In some cases of domestic abuse, victims may receive a green card — and eventually citizenship.
VAWA and Your Path to Legal Status
Good Faith Marriage: Under VAWA, the marriage or relationship must have been entered into in good faith─the relationship cannot be based on a fraud.
Parent of U.S. Citizen: If you are the parent of a U.S. citizen who is at least 21 years old, you may aIso be eligible for VAWA relief.
Immigration Status for Abused Persons: Victims of abuse can obtain legal status under a stimulus in VAWA, which does not require the perpetrator’s cooperation.
What a VAWA Immigration Lawyer Can Do For You
Working with an experienced immigration lawyer will streamline the VAWA relief application process immensely. Their role includes:
Evaluation of Eligibility: They will evaluate your case to determine whether you qualify for VAWA protection.
evidence collection: a vawa lawyer can help you to collect the documents that are needed to prove that you have experienced abuse, including your police report, affidavits, and other evidence.
Submitting Your Petition: They assist you in preparing and filing your VAWA petition, ensuring all forms are filled out properly and submitted punctually.
Representation: Your lawyer can represent you in appeals, and other legal processes if your application is denied.
What Should You Keep in Mind When Hiring a VAWA Immigration Lawyer?
Although you can go through the VAWA process solo, a specialized immigration lawyer can make the journey smoother and more successful. Here’s why:
Expert Knowledge: VAWA applications can be complicated, and an experienced lawyer will know the ins and outs of the law and what documentation is needed.
Support for Victims: The mind-boggling complexity of legal processes can only be further complicated when the victim is attempting to deal with the trauma of having been abused. An understanding lawyer can give you legal advice as well as emotional support.
Higher Success Rates: VAWA petitions are more likely to be successful when the applicant has a lawyer with us and knows immigration law inside and out.
FAQs About VAWA Immigration Lawyer
What is the Violence Against Women Act (VAWA)?
VAWA is a law that Congress passed in 1994 to protect victims of domestic violence from being punished because of their abusive relationships, including when they have issues with their immigration status.
Is it possible for a spouse that is a permanent resident to submit a VAWA application?
The answer is: Yes, a permanent resident spouse can file a VAWA petition if the spouse who committed the violence is either a U.S. citizen, or a lawful permanent resident.
What does VAWA protect you from?
We do not have to remain subject to extreme cruelty and we do not have to face being punished for how we seek refuge from abuse in the United States.
Can I get a Green Card with VAWA?
If your VAWA petition is approved, then you qualify for a VAWA green card and become a legal permanent resident.
If I am married to an abusive spouse, can I file for VAWA?
Yes, you may qualify for protection under VAWA or the Violence Against Women Act, if your spouse is a United States citizen or lawful permanent resident and you are a victim of domestic violence.
What are the requirements to be eligible for VAWA protection?
You must be the victim of domestic violence by a U.S. citizen or lawful permanent resident, and the abuse must have taken place in the U.S.
Can I file VAWA if I’m unmarried?
Yes, those who are abused by a U.S. citizen or lawful permanent resident parent are protected under VAWA.
How long does it take for the VAWA to be processed?
It may take months to a few years, depending on the specific situation of your case and current processing times in the immigration sector.
Will my abusive partner stop my VAWA case from getting approved?
Your abuser cannot prevent you from applying for VAWA protection or getting immigration relief under VAWA (if you are eligible).
Do I have to hire a lawyer to apply for VAWA?
Although hiring an experienced immigration lawyer is not required for an individual seeking VAWA status, most people who do so certainly will increase their chances of success in a VAWA application as well as help ensure all documentation is properly submitted.
Conclusion
The Violence Against Women Act (VAWA) is a federal law that provides significant protections for victims of domestic violence. It enables people to leave abusive relationships knowing they won’t lose their immigration status. VAWA offers protection regardless of whether you are a spouse of a permanent resident or a victim of domestic violence.
The use of a VAWA immigration lawyer guarantees that your rights are not violated and your petition is filed correctly so you have the best potential for success. Do not let an abusive relationship decide your future — decide today to take the necessary steps to get yourself the protection you deserve.
If you are having issues with immigration status with Riverside Domestic Violence and/or combating with your VAWA appliction you should consult a qualified immigration non-profit law firm.
