VAWA Immigration Lawyer
VAWA Immigration
The Violence Against Women Act (VAWA) petition is an immigration benefit that protects immigrants from domestic violence.
VAWA petitions permit battered immigrants to apply for legal status in the United States without relying on their abusive spouse, parents, or children to sponsor their Adjustment of Status (Form I-485) applications.
In addition to helping victims file a petition under VAWA, VAWA attorneys help abuse victims protect themselves from further harm.
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In terms of VAWA, a green card may be available to you if you’ve been the victim of battery or extreme cruelty committed by a US citizen or lawful permanent resident:
- Spouse or former spouse
- Parent
- Son or daughter
An experienced VAWA immigration attorney, such as Leonelba Martinez, will be able to help you determine your eligibility for a VAWA petition.
What Does a VAWA Immigration Lawyer Do?
A VAWA immigration lawyer provides comprehensive legal support throughout the VAWA application process. They begin by assessing the individual’s eligibility based on their unique circumstances and experiences of abuse. The lawyer then guides clients in gathering crucial evidence, such as police reports, medical records, and affidavits, to build a strong case for the VAWA petition.
VAWA attorneys also assist in preparing and submitting necessary forms and documents, ensuring compliance with all immigration law requirements. Their expertise extends beyond the initial application, including helping clients address any issues that may arise during the processing time and advising on steps after gaining VAWA approval.
The VAWA Process
Understanding how the VAWA process works is crucial for those seeking its protection. The process generally involves the following steps:
- Eligibility Assessment: The first step is determining if the applicant qualifies for VAWA protection based on their relationship to a US citizen or lawful permanent resident and the evidence of abuse or extreme cruelty.
- Gathering Evidence: Applicants must compile supporting documentation, which may include:
- Evidence of abuse, such as court protective orders, medical records or police records
- Evidence that the abuser is a US citizen or green card holder
- Proof that the abuser is your spouse, parent, or child, such as a marriage certificate or birth certificate
- Proof that you currently reside in the US and that you lived with the abuser
- Affidavits from friends, family, or professionals who can testify to the abuse
- Any other relevant evidence to prove claims of abuse.
- Preparing and Filing the Petition: With the help of a VAWA immigration lawyer, applicants complete and submit all necessary forms, such as Form I-360, along with supporting documents. An attorney ensures that all information is accurate and complete, enhancing the likelihood of a successful application.
- Post-Submission Guidance: After submission, the attorney assists in tracking the petition status and manages any issues that arise during processing, providing peace of mind to applicants as they await a decision.
- Path After Approval: Once approved, VAWA applicants may proceed with applying for a green card through Form I-485, Adjustment of Status, facilitated by their attorney. This step includes additional documentation and potential interviews.
By understanding these steps, applicants can better navigate the VAWA process and take informed steps toward securing their legal status in the United States. Working closely with a VAWA immigration lawyer ensures they have the best chance of success.
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Frequently Asked Questions
Can VAWA Applications Get Rejected?
Certain circumstances lead to the denial of VAWA applications, including:
- Lack of documentary evidence
- Inability to prove that you lived with the abuser
- Lack of good moral character, e.g. a criminal record
What If You're in Removal Proceedings?
If you are already undergoing removal proceedings, VAWA Cancellation of Removal relief may result in legal permanent status and eventually a green card if you meet the requirements.
To learn more about the eligibility requirements for each of these protection-based pathways, contact the Law Offices of Leonelba Martinez.
What Is the VAWA Processing Time?
The VAWA processing time can vary depending on several factors, including the complexity of the case and current USCIS workload. Generally, it takes about 12 to 24 months for USCIS to adjudicate a VAWA petition. Once Form I-360 is approved, if you are eligible for Adjustment of Status, you may need to file Form I-485, which can take an additional 8 to 14 months for processing.
During this time, it is essential to maintain communication with your VAWA attorney to address any concerns and ensure all necessary documentation is in order. Your lawyer can provide updates on your case status and guide you through subsequent steps. Remember that each case is unique, so the total time frame may differ for individual applicants.
Schedule a VAWA Immigration Lawyer Consultation
Inspira Immigration has over a decade of experience offering immigration services and may be able to help you with your VAWA petition and cancellation proceedings. From start to finish, we guide you through the entire VAWA process and advocate for your rights. Call us today to schedule an appointment.
