When Monica moved to the United States to get married, she believed her husband would always support and protect her. Instead, his emotional abuse left her feeling isolated and alone. Determined to find a way to become independent, Monica discovered hope through the Violence Against Women Act (VAWA), a law enacted to help individuals in abusive situations. With no family nearby, she started researching VAWA immigration requirements, hoping this law would allow her to become a U.S. citizen without her husband’s help.
Many believe that VAWA only applies to severe physical abuse, but this isn’t true. Although the cruelty does have to be extreme, emotional, verbal, and mental abuse can amount to extreme cruelty. That is enough to seek relief. Monica learned that it can be demonstrated through personal declarations, counselor reports, and witness statements. She also realized that she didn’t need to divorce or separate from her husband to qualify for VAWA.
Are you, like Monica, looking for a way to navigate difficult times and see if VAWA can help you become a U.S. citizen? This blog from a knowledgeable and experienced immigration attorney explains the Violence Against Women Act and its requirements. Continue reading to learn more, then call us at (918) 505-4870 to schedule your consultation. With Rivas & Associates, you will never face the system alone.
What is VAWA?
VAWA is a landmark piece of legislation in the United States focused on combating domestic violence, sexual assault, dating violence, and stalking. Initially enacted in 1994, VAWA has been reauthorized several times with enhancements and expansions to better protect victims and survivors of gender-based abuse.
VAWA provides protections for all victims, regardless of gender. It also extends protections to noncitizens who are abused by their U.S. citizen or green card holder family members. This legislation allows these individuals to seek help independently, without the knowledge or permission of their abuser. If you are a spouse or child of a U.S. citizen or green card holder, or a parent of a U.S. citizen who is 21 years or older, you can request assistance through a process called “self-petitioning.”
Common Misconceptions About VAWA
As mentioned earlier, many people think that VAWA only helps those who suffer severe physical abuse. However, VAWA offers protections for various forms of abuse, including emotional and mental abuse. Here are key points to know:
1. No physical violence is required
Emotional or mental abuse is enough to qualify for VAWA. You do not need to show physical harm in order to apply.
2. Verbal, emotional, and mental abuse can be severe and cruel
You can prove it with statements, reports from counselors, and witnesses. Verbal, emotional, and mental cruelty, isolation, and manipulation are all valid reasons.
3. Divorce or separation is not necessary
You can stay with your spouse even after VAWA is approved. You do not need to leave your partner right away.
Understanding Eligibility for an Immigrant Visa Under VAWA
Next, we’ll discuss the five requirements you need to meet to be eligible under VAWA:
1. Qualifying Relationship with a U.S. Citizen or a Lawful Permanent Resident
You must prove that you have a qualifying relationship with a U.S. citizen or lawful permanent resident who subjected you to abuse. Here are the three qualifying relationships:
- You are an abused spouse or a former spouse of a U.S. citizen or lawful permanent resident
- You are an abused child with an abusive parent who is a U.S. citizen or lawful permanent resident
- You are a parent of an abusive U.S. citizen or lawful permanent resident
2. Residence Requirement
To meet the residence requirement under VAWA, you must live or have lived with the abuser in the same home for some time. Even if you no longer live with the abuser, you can still apply for a visa under VAWA. Additionally, VAWA self-petitioners may file from abroad if they meet one of the three requirements below:
- The abusive spouse or family member is an employee of the U.S. government
- The abusive spouse or family member is a member of the uniformed services
- The abusive spouse or family member has subjected the immigrant to battery or extreme cruelty in the U.S.
Understanding these criteria can help abused victims residing in the U.S. feel more secure in their ability to obtain a visa and find safety away from their abuser. Contact a VAWA lawyer today to ensure you have the support and guidance you need.
3. Evidence of Abuse
The person applying must provide evidence of the abuse they have experienced.
You can use different types of proof, such as statements from yourself and others, reports from counselors, witness testimonies, police reports, medical records, and photographs.
4. Good Moral Character
Maintaining good moral character is very important to meet the VAWA requirements for an immigrant visa. You must show that you are a good person who follows the law and does the right things. Prove your good behavior throughout the VAWA application process by obeying the rules and being honest.
5. Timely Filing
File your VAWA immigrant visa petition within the specified timeframe outlined by United States Citizenship and Immigration Services (USCIS), adhering to deadlines to ensure the timely consideration of your case. Meeting filing deadlines is essential in securing your eligibility for an immigrant visa under VAWA provisions.
An experienced VAWA lawyer can help you navigate these deadlines, ensuring all necessary paperwork is submitted on time so there are no delays in the processing of your application.
Navigating the Path to Citizenship Through VAWA: Steps for Immigrant Survivors Seeking a Green Card
For immigrant survivors seeking a pathway to citizenship under VAWA, here is an overview of the essential steps involved in obtaining a green card and ultimately pursuing U.S. citizenship:
- Determine your eligibility as an immigrant survivor of domestic abuse, sexual assault, dating violence, or stalking under VAWA. Ensure you meet the criteria for self-petitioning for lawful permanent resident status (green card) independently of your abuser.
- Gather relevant documentation to support your VAWA self-petition, including proof of the abusive relationship, your good moral character, and any supporting evidence required by USCIS. Compile affidavits, police reports, medical records, witness statements, and other forms of documentation to corroborate your petition.
- Complete and submit Form I-360 (VAWA self-petition) to USCIS, along with the required supporting documents and filing fees. Await USCIS’s review and decision on your VAWA petition, which will determine your eligibility for a green card based on your status as a qualifying immigrant survivor.
- Simultaneously, you can file Form I-485 to adjust your status to that of a lawful permanent resident (green card holder). Follow the instructions provided by USCIS regarding biometrics, interviews, and any additional documentation needed for your adjustment of status application.
- After obtaining your green card through VAWA, maintain compliance with all legal requirements and obligations. Avoid any criminal activity that could affect your status and apply for U.S. citizenship after living in the U.S. for three (in some situations) to five years as a permanent resident.
Navigating the VAWA process as an immigrant survivor seeking a green card and citizenship is a journey of resilience, empowerment, and hope. However, you don’t have to face the system alone. Having a VAWA lawyer by your side can make this journey easier and less stressful. Your attorney can guide you through each step, explain the necessary forms, and ensure you meet all deadlines.
Make Your American Dream an American Reality with Rivas & Associates
We understand that gathering the necessary evidence and presenting your VAWA case can be overwhelming, especially when you are already dealing with the emotional and physical impact of abuse. The process of fulfilling the VAWA immigration requirements can be challenging and confusing, but you don’t have to do it alone.
Have you been searching online for a compassionate and experienced “VAWA immigration lawyer near me?” At Rivas & Associates, our Oklahoma immigration lawyers are dedicated to supporting you every step of the way. With our deep understanding of VAWA cases, we can provide effective legal solutions tailored to your unique needs. Contact us today at (918) 505-4870 or complete our online form to schedule your consultation. With Rivas & Associates, you will never face the system alone.
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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.
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