How do I apply for VAWA? Is the victim safe?
The Violence Against Women Act (VAWA) was passed in 1994 to help protect victims of Homey violence and sexual assault. VAWA applies not only to U.S. citizens, but also includes special protections for immigration attorney who are victims of domestic violence, sexual assault, or other criminal acts.
Under VAWA protection, immigrant victims can obtain special visas that allow them to remain in the United States and cooperate with law enforcement to investigate and prosecute their abusers. If you are an immigrant victim of domestic violence or other crimes, you may be eligible for VAWA protection or other special visas designed to help immigrants in vulnerable situations, such as a U visa.
Who can apply?
From time to time, foreigners marry U.S. citizens or legal permanent residents in good faith, only to find out that they are married to their abuser. Or, they have been abused by a U.S. citizen or lawful permanent resident parent. These foreigners feel trapped in a bad relationship they can’t get out of because they don’t have immigration status. VAWA has special provisions under U.S. immigration law that can help you obtain legal permanent residency. Under VAWA, battered noncitizens who are married to or have recently divorced a U.S. citizen or lawful permanent resident may, in certain circumstances, self-petition (with the help or knowledge of their abusive spouse) The conditions on their 2-year conditional permanent residence card to obtain lawful permanent residence or deport them. If you have never been married to the abuser, or if the abuser is not a U.S. citizen or lawful permanent resident, then you are most likely ineligible to apply for lawful permanent residence on your own under VAWA.
How do I apply for VAWA? Is the victim safe?
Victims can apply on their own and do not need to notify the abuser at all. In addition, from then on, we will take all possible steps to ensure that applicants are protected from abusers from retaliation. Once this protected status is obtained as part of the VAWA immigration process, victims can obtain legal residency independently of their spouse’s residency status.
This is to protect victims from boorish families, as their legal status depends on the abuser’s residence or citizenship. If you are a victim, don’t be afraid to contact a VAWA immigration attorney, all exchanges of information are highly confidential and you will not be deported if you seek help.
Relief under VAWA
You can file Form I-360, a Petition for Amerasians, Widows(er), or Special Immigrants, without the knowledge or consent of the family member who is abusing you. If your self-application meets the eligibility requirements and is approved, you will usually be allowed to apply for a green card. This is called a “status adjustment”.
So If you are an boorish spouse whose marriage to a citizen or green card holder ended within the past two years, you can still self-apply. However, you must prove that your previous marriage was legal and that there was a link between your marriage termination and abuse or extreme cruelty.
How to Qualify for Immigrant Assistance under VAWA
Generally, self-applicants and beneficiaries under VAWA will not be subject to any injunction to adjust the statement. However, you must be allowed to enter the United States to be eligible for a green card.
There are various grounds for inadmissibility under immigration law, all of which apply to these situations except for entry into the country without inspection and as a public charge.
In the case of a self-applying spouse, the application requirements typically include:
have good moral character
Married to a U.S. Citizen or Lawful Permanent Resident
marriage is made in good faith
During the marriage, as an immigrant spouse, you (or your children) were assaulted or severely abused by a U.S.
You are currently or in the past living with a U.S. citizen or lawful permanent resident spouse
You can apply for specific waivers or other immigration remedies even if you do not meet one or more of the grounds for inadmissibility. If you want to more about vawa immigration lawyer houston texas please visit our website.