Immigration Law

VAWA Immigration Attorneys in Tulsa, Oklahoma Serving Clients Nationwide

Our VAWA immigration attorneys at Rivas & Associates help individuals and families seeking a green card after suffering domestic violence, physical abuse and related injuries, or emotional abuse recognized under The Violence Against Women Act. Rivas & Associates is an immigration law firm in Tulsa, Oklahoma serving clients nationwide with a bilingual, Spanish-speaking team.

VAWA Immigration Lawyer | Tulsa, OK | Call (918) 505-4870

VAWA, the Violence Against Women Act, Allows Individuals to Self-Petition for a Green Card If They Have Been Subjected to Violence or Abuse

Are you facing domestic violence and seeking legal immigration options? The Violence Against Women Act (VAWA) defends the safety and stability of abuse victims by offering a path to citizenship for individuals subjected to domestic violence and several other forms of abuse in the United States. If this describes you, then you need to explore your potential options under VAWA, which may include eligibility to self-petition for a green card.

The VAWA immigration legislation, passed in 1994, allows non-US citizens who are facing marital/family problems to pursue their own immigration status independent of their U.S. Citizen or Resident spouse or parent. VAWA helps to protect immigrants in the United States who are seeking safety, and our skilled VAWA immigration lawyers are prepared to support you in pursuing legal status! At Rivas & Associates, we want you to achieve your American dream, and that is why we are committed to helping and guiding you throughout the VAWA process.

Learn how our bilingual and Spanish-speaking immigration attorneys in Tulsa, Oklahoma can help you navigate VAWA immigration requirements and protect your safety. Schedule a consultation with Rivas & Associates today and learn if a VAWA application is right for you by calling (844) 37-RIVAS(844) 37-RIVAS or filling out our online form. Hablamos español.

Key Takeaways

  • VAWA allows victims of domestic abuse to self-petition for a green card without relying on their abuser
  • Eligible applicants for VAWA immigration include abused spouses, children, and parents of U.S. citizens or permanent residents
  • Evidence of abuse can include police reports, medical records, and affidavits from witnesses or professionals
  • A domestic violence immigration attorney at Rivas & Associates can help victims of abuse or domestic violence seek a safer life far from the abuser
  • VAWA recognizes both physical and verbal abuse as forms of domestic violence
  • Rivas & Associates offers Spanish-speaking support and consultations for VAWA applicants

Types or Classes of People Who Can Self-Petition for a Green Card Under VAWA, and Under What Circumstances

The Violence Against Women Act (VAWA) allows certain individuals to self-petition for a green card if they have been subjected to abuse. Eligible classes include:

  • spouses of U.S. citizens or permanent residents
  • children of abusive U.S. citizens or permanent residents
  • parents of abusive U.S. citizen adult children

These individuals must demonstrate good moral character and provide evidence of the abusive relationship. For spouses, the marriage must have been entered into in good faith, even if it has since been terminated. Children under 21 years of age at the time of filing can self-petition, as can parents of U.S. citizens who are at least 21 years old. The abuse involved can be physical, emotional, or psychological, and applicants must provide substantial evidence to support their claims.

Applicants must not have been convicted of certain crimes that would make them inadmissible to the United States. VAWA self-petitioners are exempt from some grounds of inadmissibility, such as entering without inspection or overstaying a visa. However, maintaining good moral character is necessary for a successful VAWA petition and subsequent adjustment of status to permanent residency.

VAWA, the Violence Against Women Act, Allows Individuals to Self-Petition for a Green Card If They Have Been Subjected to Violence or Abuse

Are you facing domestic violence and seeking legal immigration options? The Violence Against Women Act (VAWA) defends the safety and stability of abuse victims by offering a path to citizenship for individuals subjected to domestic violence and several other forms of abuse in the United States. If this describes you, then you need to explore your potential options under VAWA, which may include eligibility to self-petition for a green card.

The VAWA immigration legislation, passed in 1994, allows non-US citizens who are facing marital/family problems to pursue their own immigration status independent of their U.S. Citizen or Resident spouse or parent. VAWA helps to protect immigrants in the United States who are seeking safety, and our skilled VAWA immigration lawyers are prepared to support you in pursuing legal status! At Rivas & Associates, we want you to achieve your American dream, and that is why we are committed to helping and guiding you throughout the VAWA process.

Learn how our bilingual and Spanish-speaking immigration attorneys in Tulsa, Oklahoma can help you navigate VAWA immigration requirements and protect your safety. Schedule a consultation with Rivas & Associates today and learn if a VAWA application is right for you by calling (844) 37-RIVAS(844) 37-RIVAS or filling out our online form. Hablamos español.

Key Takeaways

  • VAWA allows victims of domestic abuse to self-petition for a green card without relying on their abuser
  • Eligible applicants for VAWA immigration include abused spouses, children, and parents of U.S. citizens or permanent residents
  • Evidence of abuse can include police reports, medical records, and affidavits from witnesses or professionals
  • A domestic violence immigration attorney at Rivas & Associates can help victims of abuse or domestic violence seek a safer life far from the abuser
  • VAWA recognizes both physical and verbal abuse as forms of domestic violence
  • Rivas & Associates offers Spanish-speaking support and consultations for VAWA applicants

Types or Classes of People Who Can Self-Petition for a Green Card Under VAWA, and Under What Circumstances

The Violence Against Women Act (VAWA) allows certain individuals to self-petition for a green card if they have been subjected to abuse. Eligible classes include:

  • spouses of U.S. citizens or permanent residents
  • children of abusive U.S. citizens or permanent residents
  • parents of abusive U.S. citizen adult children

These individuals must demonstrate good moral character and provide evidence of the abusive relationship. For spouses, the marriage must have been entered into in good faith, even if it has since been terminated. Children under 21 years of age at the time of filing can self-petition, as can parents of U.S. citizens who are at least 21 years old. The abuse involved can be physical, emotional, or psychological, and applicants must provide substantial evidence to support their claims.

Proving Abuse Under VAWA to Petition for a Green Card

Proving abuse under VAWA requires substantial evidence to support the self-petitioner’s claim. Applicants must demonstrate that they have suffered battery or extreme cruelty from a U.S. citizen or lawful permanent resident spouse, parent, or child. Evidence can include police reports, medical records, and affidavits from witnesses or professionals.

The abuse can be physical, emotional, or psychological, and may include threats, intimidation, or controlling behavior. Individuals seeking to immigrate under the Violence Against Women Act may have suffered from sexual abuse, dating violence, or potentially violent and intimidating behaviors like stalking or other psychological abuse. VAWA protects people who have suffered abuse, regardless of gender.

Petitioners must show that the relationship was entered into in good faith and not solely for immigration benefits. Documentation such as joint bank accounts, shared leases, or family photographs can help establish the legitimacy of the relationship.

Types of Evidence Necessary to Support an Abuse Claim Under VAWA

Victims seeking protection under VAWA must provide compelling evidence of abuse. This can include documentation of physical injuries, law enforcement reports, and medical records. Psychological abuse, often more challenging to prove, may require statements from mental health professionals or counselors.

VAWA self-petitioners should provide a detailed personal statement describing the abuse and its impact on their family. Supporting evidence may include:

  • Protection orders or restraining orders
  • Documentation of assault charges or convictions
  • Therapy or counseling records documenting psychological or emotional abuse impacts
  • Photographs of injuries
  • Statements from domestic violence shelters
  • Medical records documenting injuries
  • Police reports of domestic incidents
  • Affidavits from witnesses or professionals

A VAWA attorney at Rivas & Associates can help you prepare the documentation you need, along with other evidence to support your claims of abuse. Personal statements detailing the abuse are key components when seeking protection under the Violence Against Women Act. These should describe specific incidents, the frequency of abuse, and its impact on your life. Supporting affidavits from witnesses, family members, or friends can corroborate your account.

Legal documents such as protection orders, divorce papers, or custody agreements can strengthen a VAWA claim. Any evidence of the abuser’s attempts to control through threats of deportation or withholding important documents like birth certificates would be relevant, if applicable.

How the Violence Against Women Act Treats Physical Abuse and Verbal Abuse

The Violence Against Women Act (VAWA) recognizes both physical and verbal abuse as forms of domestic violence. Physical abuse, such as accidents leading to injuries inflicted by a spouse, is often easier to document and prove. Verbal abuse, while less tangible, is equally considered under VAWA when it constitutes extreme cruelty.

A VAWA immigration lawyer at our Tulsa, Oklahoma law firm can assist you in presenting a comprehensive case that addresses both physical and verbal abuse. We can help you gather evidence and prepare testimonies that illustrate the full scope of the abuse you experienced. Our attorneys properly document various forms of mistreatment and present them to immigration authorities:

  • Physical abuse incidents and injuries
  • Verbal threats and emotional manipulation
  • Economic control or employment interference
  • Isolation tactics and social restrictions
  • Immigration-related abuse or threats

VAWA protects victims regardless of their employment status or temporary protected status. The act acknowledges that abuse can take various forms, including emotional and psychological mistreatment. Applicants must demonstrate good moral character while providing evidence of abuse, which can include documentation of verbal threats or controlling behavior.

How Our Spanish-Speaking Staff at Rivas & Associates Can Help and Guide You Through the VAWA Immigration Process to Pursue Safety in the United States

Rivas & Associates’ Spanish-speaking staff provides empowering support for VAWA applicants from Spanish-speaking countries. Victims of abuse can seek a VAWA green card without relying on their abuser, but the process can be complicated. We are here to guide you in Tulsa, Oklahoma or anywhere nationwide throughout the United States.

The United States Citizenship and Immigration Services (USCIS) processes VAWA petitions, and the immigration attorneys at Rivas & Associates provide legal aid through each step of the VAWA self petition process, offering a path to safety and legal status for eligible individuals. The adjustment of status process under VAWA enables abuse victims to seek lawful permanent residency, reinforcing their independence and security within the United States.

By offering services in Spanish, Rivas & Associates breaks down language barriers that often complicate immigration proceedings. This approach allows our clients to fully express their experiences and concerns, which often leads to more comprehensive and effective VAWA petitions. We can thoroughly address your unique circumstances and goals during a consultation.

Schedule a Consultation with Rivas & Associates to Discuss Your VAWA Immigration Options

The VAWA immigration attorneys at Rivas & Associates in Tulsa, Oklahoma are committed to helping victims of abuse navigate the complex process of self-petitioning for a VAWA green card. Drawing upon deep knowledge of immigration law and familiarity with the unique challenges faced by abuse victims, our VAWA attorneys provide invaluable support in seeking safety and legal status for victims of sexual violence, domestic violence, or other forms of physical or psychological abuse throughout the United States. We begin with a consultation session, during which we evaluate the details of your case and assess your options under The Violence Against Women Act.

By offering services in Spanish and maintaining confidentiality, Rivas & Associates empowers vulnerable individuals from various backgrounds to access the protection and assistance they need to build a safer future in the United States. Our committed VAWA lawyers guide clients through gathering essential evidence, preparing comprehensive cases, and addressing both physical and verbal abuse claims. During your consultation, you can learn about their rights and potential avenues for relief under VAWA.

Rivas & Associates can guide you through appeal procedures if your VAWA petition is initially denied, making sure you understand your available options. We are committed to providing abuse victims the information they need regarding immigration law and the right paths to pursue safety in the United States under the Violence Against Women Act.

Schedule a consultation with Rivas & Associates today by calling (844) 37-RIVAS(844) 37-RIVAS or filling out our online form to discuss your specific case details confidentially. Our legal team will assess your eligibility for VAWA protection and outline the steps necessary to build a strong case for immigration relief. We serve clients nationwide, with many originally from Mexico or from throughout Central America or South America. The majority of our staff are immigrants or first-generation Americans, so we understand you and your concerns. Hablamos español.

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Frequently Asked Questions About VAWA

Rivas & Associates assists Spanish-speaking clients with VAWA immigration cases by providing bilingual legal representation. The firm’s experienced, Spanish-speaking attorneys guide clients through the complex VAWA petition process, offering support in Spanish to reinforce clear communication and thorough understanding of their rights and options.

VAWA recognizes both physical and verbal abuse as forms of domestic violence. However, physical abuse often carries more weight in VAWA cases due to its tangible nature and potential for documented evidence. Verbal abuse, while equally harmful, may require additional corroboration to establish a pattern of abuse.

Evidence for a VAWA abuse claim may include law enforcement reports, medical records, photographs of injuries, court documents, protective orders, witness statements, and personal affidavits detailing the abuse. Psychological evaluations, counseling records, and documentation of threats or harassment can also strengthen the case.

Spouses, children, and parents of abusive U.S. citizens or permanent residents can self-petition for a green card under VAWA. Eligible individuals must have lived with the abuser and demonstrate good moral character. The abuse can be physical, emotional, or psychological.

VAWA, or the Violence Against Women Act, is a body of legislation protecting victims of domestic violence or abuse in the United States VAWA allows immigrants who are victims of domestic violence to self-petition for a green card. This law protects abused spouses, children, and parents of U.S. citizens or permanent residents, providing abuse victims a potential path to legal status without relying on their abuser.

Navigating the U.S. immigration system as a survivor of domestic abuse can feel overwhelming. In our previous blog, we talked about Monica, an immigrant who experienced domestic violence at the hands of her abusive spouse. With the help of an immigration attorney, she applied for VAWA, otherwise known as the Violence Against Women Act. After months of waiting, she received a notice called “prima facie determination.”

What does this notice mean for her immigration status? Does this mean her VAWA application has been approved?

A prima facie determination may sound technical, but it’s a crucial step for those seeking protection under VAWA.

In this blog, our compassionate immigration lawyers explain what prima facie determination means, why it’s important in your VAWA journey, and how it can help make your American dream an American reality.

What Is a Prima Facie Determination?

The Latin phrase Prima Facie means “at first sight” or “on the face of it.” In immigration law, a prima facie determination is an initial review by the United States Citizenship and Immigration Services (USCIS). This review determines if your VAWA application meets the basic eligibility requirements.

Think of it as a first look at your case by immigration officials. They check if the essential elements of your application align with the requirements for VAWA.

Why Is a Prima Facie Determination Important?

For VAWA applicants, a prima facie determination can serve as a lifeline. If you receive this initial approval, it can help unlock temporary benefits from various federal and state agencies. This support is vital for people trying to escape abusive situations. It helps them rebuild their lives independent of their abuser.

How Does the Prima Facie Determination Process Work?

After submitting your VAWA self-petition, USCIS evaluates your case for prima facie determination. Here’s what USCIS typically looks for in this initial review:

  1. Evidence of a Qualifying Relationship: Proof that you have an eligible relationship with a U.S. citizen or lawful permanent resident who has been abusive. This could be an abusive spouse, parent, or child.
  2. Proof of Residence with the Abuser: Documentation showing that you lived with the abuser for some time. USCIS may accept various forms of evidence, such as leases, utility bills, or statements from others confirming your shared residence.
  3. Evidence of Abuse or Extreme Cruelty: USCIS will look for documents proving the abuse you experienced. Necessary evidence includes affidavits, police reports, counselor statements, and medical records. This evidence does not need to show physical abuse. Emotional, verbal, and mental abuse can also qualify as “extreme cruelty” under VAWA.
  4. Good Moral Character: USCIS checks your background to ensure you meet the “good moral character” requirement. This means you have followed the law and acted respectfully. You can support this with character references, proof of community involvement, or a clean criminal record.

If I Receive a Prima Facie Determination Notice, Does This Mean My VAWA Application Is Approved?

Receiving a prima facie determination does not mean that your application is approved. A prima facie determination simply means that your case seems strong enough to move on to the next steps. This can provide temporary benefits and relief to the applicant while USCIS makes a final decision on your immigration status.

Important Note: If USCIS denies your VAWA petition after giving a prima facie determination, you may lose temporary benefits. However, an experienced immigration attorney can help you explore all available options if you face a denial.

The Benefits of a Prima Facie Determination for VAWA Applicants

For many survivors of abuse, a prima facie determination gives them time and resources to find stability. Here’s a summary of some of the primary benefits:

1. Access to Temporary Financial Assistance

Depending on your state, prima facie determination may qualify you for certain public assistance programs from government agencies.

2. Potential Eligibility for Housing Programs

Survivors often need safe, affordable housing. Prima facie determination can unlock access to housing resources.

3. Healthcare Access

In some areas, a prima facie determination may open doors to necessary healthcare services.

Having these supports can make an enormous difference in navigating the difficult transition to a safe, independent life.

What Happens After a Prima Facie Determination?

After receiving a prima facie determination, your application will move forward for full review. During this time, the temporary benefits you qualify for under prima facie determination can help ease financial burdens. It’s also important to remember a few key points to strengthen your case and stay prepared for what lies ahead:

  • Keep Gathering Evidence: Although a prima facie determination shows that you’ve provided enough initial proof, you should continue gathering additional evidence or supporting documentation as needed. The more solid documentation you have, the stronger your case will be if USCIS requests more details.
  • Ongoing Evaluation of Your Application: While prima facie determination offers temporary protection from deportation, it’s essential to keep meeting all requirements and fully cooperate with USCIS throughout the process. Your case remains under review until USCIS makes a final decision on your eligibility, so staying up-to-date with all guidelines is important.
  • Be Ready for Possible Delays: Although prima facie determination can give you faster access to certain benefits, the VAWA process itself may take time. Challenges or delays can arise, sometimes because more evidence is needed or because USCIS faces a heavy workload. Patience and continued preparation will help you stay on track.

Having a VAWA lawyer knowledgeable in immigration law means you will never face the system alone. They will help you gather additional evidence and stay ahead on important guidelines or changes.

How Can a VAWA Lawyer Help You Seek a Prima Facie Determination?

Preparing a VAWA case involves gathering a significant amount of documentation. A dedicated VAWA lawyer can help you present a complete and compelling case, increasing your chances of receiving a prima facie determination and, ultimately, approval.

Here’s how working with a lawyer can help you:

  • Identify and Collect Necessary Documentation: An immigration lawyer knowledgeable in VAWA cases knows the essential documentation USCIS looks for and can guide you in gathering necessary and supporting evidence.
  • Meet Timely Deadlines: Meeting USCIS deadlines is crucial in the VAWA process. An immigration lawyer will see to it that all forms and important documents are submitted on time.
  • Provide Guidance and Support: The VAWA application process can be emotionally taxing. With the right legal assistance, you’ll have support throughout every step, reducing stress and ensuring a strong application.

Need Help Pursuing a Prima Facie Determination?

Navigating the immigration system as a survivor of abuse alone is incredibly challenging. It’s easy to feel overwhelmed with complex rules and legal requirements. Prima facie determination is just the initial step in your application, and the lack of comprehensive legal representation can leave you feeling vulnerable.

Have you been searching online for “VAWA lawyers near me” or an “immigration lawyer near me“?

At Rivas & Associates, we understand these challenges on a deeply personal level. With most of our team being first-generation immigrants, we are committed to supporting you through every step with compassion and understanding. Together, we’ll build a strong case, give you access to essential resources, and pursue a positive outcome for you and your loved ones. Contact us today at (844) 37-RIVAS(844) 37-RIVAS to schedule your consultation, or complete our secure online form to get started on your immigration journey.

With Rivas & Associates, you will never face the system alone.

Copyright © 2024. Rivas & Associates. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Rivas & Associates
2930 S Yale Ave STE A,
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
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