We are committed to helping those who have dealt with violence to immigrate to the United States. Those who have faced abuse in their relationships could potentially come to America through the Violence Against Women Act (VAWA). We have helped many to immigrate through this, supporting them every step of the way. If you believe that you may be eligible, contact a VAWA immigration lawyer for a free case evaluation.
VAWA provides protection and a pathway to permanent residency for certain immigrants who have been victims of abuse at the hands of their U.S. citizen or lawful permanent resident spouse, parent, or child. We understand how challenging this can be. Here at the Rijal Law Firm, we treat all of our clients with professionalism and compassion. Understanding the eligibility requirements and navigating the complex process can be overwhelming, which is why we are here to guide you through each aspect of the process.
Who is Eligible for VAWA?
More may be eligible for VAWA than you might initially believe. For example, yes, many who qualify for VAWA are spouses. This includes those currently married to a U.S. citizen or lawful permanent resident, as well as former spouses who were in an abusive marriage that ended in divorce or whose abusive partner passed away. If the marriage has ended, the VAWA petition must be filed within two years of the divorce or the death of the abusive spouse.
Remember: you do not need to remain in an ongoing relationship with your abuser to qualify. Even if the relationship has ended, you can still seek protection under VAWA, as long as you file within the two-year window after the marriage ends or the abusive partner passes away.
That said, children and parents could be eligible, too. Kids who have been abused by a U.S. citizen or lawful permanent resident parent are also eligible to apply for VAWA protection. This also includes biological, step, or adopted children who have experienced abuse.
Additionally, parents of abusive U.S. citizen children are also protected under VAWA, provided they can demonstrate the abuse they have endured at the hands of their child.
How Do I Prove I Qualify for VAWA?
To qualify for VAWA, the petitioner must demonstrate that they have experienced substantial cruelty or oppression. This abuse can take many forms. It can include physical and sexual abuse. That includes not just physical acts but also threats of violence and sexual harassment.
Emotional and verbal abuse is also included in VAWA. Being manipulated psychologically, threatened, degraded, and similar behavior can be covered. Intimidation or controlling behavior that affects your emotional well-being can make you eligible. Even withholding money, controlling finances, or preventing you from being financially independent could apply. When you contact us for a free case evaluation, we’ll sit down with you and go over your situation. From there, we’ll let you know how we may be able to support you.
What Documentation is Required?
VAWA applications require extensive documentation to support your eligibility and the claims you are making. We can help you to put together this documentation. This usually includes a sworn statement from you, detailing the abuse you experienced and affirming that your marriage was entered into in good faith.
Remember, the burden of proof in a VAWA application rests with the applicant, and demonstrating abuse requires valid documentary evidence. So, additionally, this includes documentation of the abuse, which may include statements from friends or family, police reports, medical records, or mental health evaluations.
Your documentation should reflect the specifics of your situation. For example, your documentation may include police reports documenting incidents of abuse as well as hospital records or medical reports if the abuse resulted in physical injury.
If you went to therapy due to your abuse, then mental health evaluations may be required. Additionally, it could be beneficial to have evidence of your good moral character, such as letters from police departments, community members, religious organizations, or other sources.
Each case is unique, and the specific documentation required will depend on your individual circumstancesIt is essential to provide as much relevant evidence as possible to substantiate your claim. We can help you gather the necessary documentation and present a strong case to USCIS.
A VAWA Immigration Lawyer With Experience
Navigating the VAWA process is complex, but you don’t have to do it alone. At Rijal Law Firm, we are here to provide the compassionate and experienced legal support you need. Whether you are just beginning the application process or need help with an appeal, our team is ready to assist you.
Your safety and well-being are our top priorities, and we are committed to helping you secure the protection and residency you deserve. Contact us today for a free case evaluation to learn more about your legal options under VAWA.
