VAWA Immigration

Navigating VAWA (Violence Against Women Act) immigration can be tough, but with the right information and guidance, it is possible to apply for immigration benefits under this law successfully.

In this guide, we will provide a comprehensive overview of VAWA immigration and what you need to know if you are considering applying for these benefits.

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Who’s Eligible for VAWA Immigration Protection?

VAWA protection is not awarded to all who claim abuse but is reserved for specific groups who meet certain criteria. The Act identifies the following individuals as eligible for VAWA immigration benefits:

Spouses of U.S. citizens or legal permanent residents who have been abused by their spouse. You can also apply as an abused spouse if your child has suffered abuse by your spouse who is a U.S. citizen or permanent resident.
Children of a U.S. citizen or legal permanent resident and who are under 21, unmarried and have been abused by their parent. Children can also apply before the age of 25 if the delay in their filing was due to the abuse.

Parents of a U.S. citizen who is being abused by their U.S. citizen son or daughter.

The VAWA Application Process

The application process for VAWA immigration benefits is complex and involves multiple stages.

Gather Evidence of Abuse: Begin by compiling irrefutable evidence that you’ve suffered abuse. This includes police reports, medical records, court orders, and credible witness statements. Your evidence must paint a clear, compelling picture of your situation.
Collect Proof of Relationship: You must provide indisputable proof of your relationship to the U.S. citizen or Legal Permanent Resident (LPR). This includes marriage and birth certificates, or other legal documents confirming your relationship.
Prove Your Good-Faith Marriage (If Applicable): If applying as an abused spouse, you must convincingly demonstrate that your marriage was genuine and not merely for immigration benefits. Evidence can include joint bank account statements, lease agreements, photographs, and anything that shows you shared a life together.
Complete Form I-360: The Form I-360 is your petition to USCIS for VAWA benefits.
Prepare Your Personal Declaration: This is where you tell your story. Write a strong, heartfelt declaration detailing the abuse, its impact on you, and why you are seeking VAWA protection. Your narrative must be honest, direct, and corroborate the evidence you’ve gathered.
Submit Your Application: Compile your application package, which includes Form I-360, all collected evidence, and your personal declaration. Ensure everything is organized and clear for the USCIS officer reviewing your case. You may also submit Form I-765, Application for Employment Authorization to be allowed to work while your application processes.
Receive Prima Facie Determination: After reviewing your initial submission, USCIS may grant a Prima Facie Determination, offering temporary protections while your case is under review. This step is your first indication that you are on the path to approval.
Wait for a Decision: The final decision can take time. During this period, stay resilient and prepared. You may be asked for more information or to attend an interview. It’s important to respond promptly.
Receive Your Approval: Successful applicants will receive notice of their VAWA status approval, and you can begin the process of obtaining your green card.

It is highly recommended that applicants seek the guidance of an experienced immigration attorney who can assist with preparing the petition and ensure that all required evidence is submitted.

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The Role of Law Enforcement and Legal Services Providers

Victims of abuse often benefit from the intervention of law enforcement and the counsel of victim services providers. Reports from law enforcement agencies or the inclusion of protective orders in a victim’s file can be invaluable pieces of evidence.

Legal service providers can also play a crucial role in supporting the application process, offering counsel, and connecting victims with necessary resources.

Frequently Asked Questions about VAWA Immigration

Given the complexity and stakes involved in the VAWA application process, it is natural for applicants to have numerous questions. Here are some of the most common:

Will my abuser know I have filed a VAWA case?

Rest assured, the VAWA application process is designed with your safety and confidentiality in mind. The U.S. Citizenship and Immigration Services (USCIS) upholds strict confidentiality laws that prevent the disclosure of any information to the abuser.

This ensures that victims can seek legal protection without fear of retaliation. Your courage to step forward is protected at every step, enabling you to pursue justice and safety without compromising your security.

Does the abuse have to be physical abuse to qualify for VAWA?

Absolutely not. VAWA recognizes the complex nature of abuse, extending eligibility beyond physical violence to include emotional, psychological, and financial abuse. It acknowledges that abuse can manifest in various forms, each equally debilitating and worthy of protection.

Evidence of non-physical abuse, such as controlling behavior, intimidation, or economic deprivation, plays a critical role in VAWA cases. You can speak to our team of experienced attorneys about how to best gather evidence for your situation.

Schedule a Free Consultation with Kaur Law P.C.

At Kaur Law P.C., we stand ready to provide compassionate guidance and advocacy to those seeking VAWA protection. Schedule a free consultation with our experienced team and take the first step toward reclaiming your life and securing a safe future in the United States.

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California Office: 510-894-1400

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