Helping Immigrant Victims Become Permanent Residents
If you’re suffering abuse from a spouse, parent, or adult child, and you’re afraid to report it because of your immigration status, you should contact an immigration lawyer. You might qualify for assistance through the Violence Against Women Act (VAWA). This would allow you to avoid deportation and get a green card on your own rather than having to stay with an abusive spouse, child, or parent to remain in the U.S.
We understand U.S. immigration law is strict regarding who gets permanent residence in this country, so you may be worried about losing your chance at a green card if you leave your U.S. citizen spouse, child, or parent. But you shouldn’t have to endure domestic abuse for a green card, which is why VAWA allows self-petitioning for qualified immigrant victims. Contact The Chidolue Law Firm to discuss your VAWA petition with caring immigration lawyers who would be happy to help you leave an abusive situation and become a lawful permanent resident.
What Is the Violence Against Women Act (VAWA)?
The Violence Against Women Act (VAWA) was passed to ensure that immigrants would not feel pressured or threatened into staying with an abusive spouse just to avoid deportation. After all, there have been situations where a U.S. citizen or green card holder married an immigrant and brought them to the U.S. as a permanent resident spouse, only to begin abusing them and threatening to get them deported if they called the police.
If this sounds like your situation, and you haven’t left your abusive spouse because you don’t want to lose your chance at becoming a permanent resident, you may be able to self-petition for a VAWA green card. If approved, you can avoid deportation, remain in the U.S. on a green card, and petition for qualifying family members to stay in this country with you, too.
You’ll need to prove that you’ve endured domestic violence or even extreme cruelty by the citizen or lawful permanent resident who brought you to the U.S. If you’re interested in learning how you can do this before you fill out the VAWA application, it’s time to talk to experienced immigration attorneys who will guide you through the self-petition process. Call our immigration law firm to schedule a free initial consultation with a compassionate immigration lawyer.
Who Qualifies for VAWA Protections?
VAWA applications are usually sent in by abused spouses who are experiencing domestic violence and want a chance to leave their spouse without leaving the country. In particular, immigrant women account for a large number of VAWA applicants. But despite the name of the Violence Against Women Act, men and children are also eligible for VAWA benefits.
You have the chance to get a VAWA green card as long as you can prove you’re a victim of domestic violence initiated by any of the following people in your life:
- An abusive spouse who is a U.S. citizen or permanent resident
- A parent or stepparent who is a United States citizen or permanent resident
- An adult child who is a U.S. citizen
So, whether you’re the abuser’s spouse, parent, child, or stepchild, you could be eligible to self-petition for a green card through VAWA. A skilled immigration lawyer can review your circumstances and let you know if you qualify to initiate this immigration process. Contact our immigration law office to discuss your case with trusted immigration lawyers.
What Do You Have to Prove in a VAWA Petition?
If you’re considering self-petitioning through VAWA, you must prove certain details, starting with the immigration status of your abuser. For instance, if you’re filing a self-petition due to an abusive spouse, you must show that they’re a U.S. citizen or permanent resident who you legally married in good faith.
If you and your spouse are divorced, you might still qualify for a VAWA green card as long as you apply within two years of the divorce. Once you prove that you were married to a U.S. citizen or permanent resident, you must show that they demonstrated extreme cruelty or battery to you or your child while living with them in the United States.
If you’re the child or stepchild of a United States citizen or permanent resident who was cruel or abusive to you while you lived with them, you may be eligible to pursue a VAWA green card, as well. Just as you would with an abusive spouse, you must prove that your parent or stepparent subjected you to extreme cruelty or battery. Note that you can only file as the child of an abusive parent if you’re under the age of 25.
Finally, if you endured domestic abuse at the hands of your U.S. citizen son or daughter and felt helpless due to your legal status in the U.S., you can pursue VAWA benefits. This is the case even if your citizen son or daughter lost their citizenship due to domestic violence or passed away within the last two years. If you can show they were a citizen when the abuse occurred and that you were living with them in the U.S., you can use the Violence Against Women Act to apply for a green card.
Proving the immigration status of the person who abused you usually requires you to send in a copy of their birth certificate, U.S. passport, naturalization certificate, or green card. You’ll also need to send proof of your relationship, such as a marriage certificate showing you were married to a citizen or permanent resident spouse, or a birth certificate showing you’re the parent of a U.S. citizen son or daughter who abused you.
You must also show good moral character, meaning you haven’t been convicted of a violent crime. Finally, you’ll need proof of the physical, emotional, or psychological abuse you suffered, which might include police reports, medical records, photos of your injuries, or documents proving that you needed therapy or medication due to the abuse. An experienced immigration lawyer can help you gather proof for your self-petition, so contact our immigration law firm for help with this immigration process.
Are You Ready to Hire a Nationwide VAWA Immigration Attorney?
If you’ve been hesitant to leave an abusive spouse, parent, or adult child due to your immigration status, you should consider how the Violence Against Women Act could help you. You should not have to leave the country or face deportation because someone you trust decided to treat you with extreme cruelty. If you qualify for a VAWA green card, you can become a lawful permanent resident even after leaving your abuser.
At The Chidolue Law Firm, our caring immigration attorney has helped many victims of abuse self-petition to become lawful permanent residents who get immigration benefits, including the ability to work legally and sponsor relatives in the family-based immigration process. If you’re interested in these and other advantages offered to lawful permanent residents, call our immigration law firm at 407-995-6567 to speak to an experienced immigration attorney about VAWA self-petitions.
