ALEJANDRO ROQUE., ESQ. | IMMIGRATION & CRIMINAL LAW ATTORNEY

VAWA

Who is eligible for VAWA? (Violence Against Women Act)

If you are an immigrant who is being abused, we can help you fight deportation and obtain permanent residency outside of your domestic relationship. As a victim of domestic violence by your U.S. citizen or lawful permanent resident (LPR) spouse or partner, you may be able to apply for a green card separate from your abuser under the Violence Against Women Act.

The Violence Against Women Act was a United States federal law signed into law in 1994 by President Bill Clinton. The statute allocated billions of dollars for the investigation and punishment of crimes against women. The Violence Against Women Act (VAWA) was introduced by several senators, including Orrin Hatch and current President Joe Biden (then a senator), and had broad support from organizations and advocacy groups.

To qualify under the Violence Against Women Act, a victim must prove that she has been subjected to cruelty by a U.S. citizen and has lived in the United States for at least three years.

Do I need the services of a VAWA immigration attorney?

Hiring an immigration attorney is in your best interest if you are qualified to apply for VAWA. Although it is not necessary to hire a VAWA immigration attorney, dealing with an attorney can help in the visa application process. Being in an abusive relationship can lead to feelings of isolation. You do not have to go through this alone; a VAWA attorney can help you move forward with your case.

A VAWA immigration attorney, in addition to providing immigration assistance, is well-versed in the documentation and procedure for acquiring a VAWA green card. Forms for the United States Citizenship and Immigration Services (USCIS) can be complex and complicated to complete. Having a knowledgeable attorney on your side during the VAWA application and immigration procedure can be very beneficial.

If you have been a victim of abuse, you are not alone in your struggle. Your abuser may try to minimize your feelings and the severity of the abuse, but remember that any type of domestic violence is abuse.

If you fear that your abuser will find out about your VAWA immigrant visa application, rest assured that the process is strictly secret. You can obtain permanent residency without your spouse's help, and any threats made against you will not be held against you. Citizenship, other than leaving your abuser, is possible.

It is crucial to know that while the application procedure for a VAWA immigration visa is hidden, your abuser may have access to information that you wish to keep private. Be mindful of your privacy when it comes to the Internet, phone, and even computer storage. Is it possible for your abuser to see your Internet history or previous phone calls? Are you being monitored by phone or GPS in your car, or are you being filmed by security cameras? These are some of the ways your abuser may find out about your investigation. Don't let this discourage you - you and your VAWA immigration attorney can create means to communicate that do not compromise your safety while you are applying.

How to apply for a VAWA green card

There are two phases involved in applying for a green card under VAWA:

• Submit a self-petition with attached documentation.
• Request a status change.

Although there are only two stages to applying for a green card through VAMA immigration, the process of completing the paperwork can be complicated. It will be beneficial to seek the help of a VAWA immigration attorney to ensure that all paperwork is completed correctly and that all relevant and essential evidence is collected.

The initial step is to use Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to file a self-petition. You do not have to pay the filing fee if you are self-petitioning under VAWA because you are an abused spouse or child.

If USCIS grants your self-petition, you may file Form I-485, Application to Register Permanent Residence or Adjust Status. You will be issued your green card if your petition is approved.

Who can file a self-petition for VAWA?

VAWA beneficiaries are individuals who are victims of domestic abuse. Despite the name, the Violence Against Women Act does not only protect immigrant women. If you are a child who is being abused by a partner or a child who is a victim of domestic violence and child abuse, you may file a self-petition under VAWA. You are qualified to file a self-petition under VAWA if you meet the following criteria:

• You are the abused or battered spouse of a U.S. citizen or LPR.
• You are a U.S. citizen or the spouse of an LPR and your child or children are suffering harm.
• You are the child of a U.S. citizen or LPR who is being abused or neglected by his or her parents.

It is typical for abused immigrants not to file a self-petition because they do not feel they are eligible for VAWA. The fact is that domestic abuse can manifest itself in a variety of ways. Abuse does not simply include assault and violence.

The United Nations defines domestic abuse as “behavior in any relationship that is used to gain or retain power and control over an intimate partner.” The power and control dynamics manifest in a variety of ways, including:

• Physical violence and beatings
• Rape and/or sexual assault
• Emotional and financial control
• Psychological bullying factors
• Isolation

Domestic abuse can affect anyone. It can happen to anyone, regardless of colour, ethnicity, gender, age, financial situation, education level or relationship status.

If you are an immigrant married to a U.S. citizen or LPR, your immigrant status may be jeopardized by your abuser, who may refuse to provide documentation or threaten to deport you. This does not have to happen for you to be a VAMA immigrant; it could simply be behavior by your abuser. USCIS is aware of this occurring. Regardless of what your abuser threatens you with, you are still eligible for VAMA. We are here to help you gather evidence in situations where it may seem unreachable. VAWA immigration cases are kept private. To ensure your safety, the government will not contact you personally. If you are a victim of domestic violence, there is hope.

What type of evidence is required in a VAWA immigration case?

To file a self-petition under VAWA, you must provide a lot of evidence along with your form. Both your VAWA immigration attorney and USCIS know that, depending on your circumstances, gathering evidence can be difficult. Abusers may withhold paperwork, or you may have fled without collecting the documents. The evidence needed for VAWA self-petitioners must show:

• Evidence showing the abuser's legal status as a U.S. citizen or LPR
• Evidence of your involvement with the abuser
• Documents proving that you and the abuser share a residence. Utility bills, school records, mortgages, rental records, and other evidence of abuse can be used to prove this. It's important to note that you do not need a police record to provide proof of abuse. Police records should be used as evidence if they exist, but they are not required.
• Affidavit of moral character accompanied by a criminal record check. The report must be from where you lived for six months or more during the three-year period prior to filing your Form I-360.
• If you are married, you must provide proof that your marriage began in good faith.
• Any other relevant information

If you find yourself in a situation where it is difficult to obtain paperwork, having an attorney on your side to help you gather evidence and determine what is appropriate to provide as evidence can help improve your case.

How a lawyer can help

A VAWA immigration attorney with extensive knowledge of VAWA immigration can help you in a variety of ways.

As mentioned above, the entire VAWA immigration self-petition process is strictly confidential and you should not contact your abusive partner or parent(s). A VAWA attorney can keep documents, look up information, and have mail delivered to the law office on your behalf if you file the petition without them knowing.

An immigration attorney can also advise you on how to strategically gather and organize information.

How VAWA Helps Immigrant Spouses

VAWA provides a mechanism for spouses and children of abused and battered immigrants of U.S. citizens or LPRs to secure their own lawful permanent residence. VAWA allows you to obtain a green card without informing your abuser. You can apply for a green card on your own.