VAWA Attorney

VAWA, which stands for the Violence Against Women Act, is a United States federal law that provides certain immigration benefits to victims of domestic violence, sexual assault, or other qualifying crimes. VAWA cases work as follows:

1. Eligibility: To be eligible for VAWA benefits, you must meet specific criteria. You can be a woman or a man, and you must prove that you have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent (or be the parent of a U.S. citizen child who has been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident).
2. Self-petition: As a victim of domestic violence, you can file a self-petition (Form I-360) without the abuser’s knowledge or consent. This allows you to initiate the immigration process without relying on the legal status or cooperation of the abuser.
3. Supporting evidence: Along with the self-petition, you will need to provide substantial evidence to demonstrate the abuse you have endured, the relationship with the abuser, and your eligibility for VAWA benefits. This may include police reports, medical records, affidavits from witnesses, photographs, protection orders, and any other relevant documentation.
4. USCIS review: The U.S. Citizenship and Immigration Services (USCIS) will review your self-petition and supporting evidence. They may request additional documentation if needed. USCIS will determine whether you meet the eligibility requirements for VAWA benefits.
5. Work authorization (optional): You have the option to apply for work authorization (Form I-765) while your VAWA self-petition is pending. Once approved, it allows you to legally work in the United States.
6. Green card application: If your self-petition is approved by USCIS, you become eligible to apply for lawful permanent residency (green card) through an adjustment of status process (Form I-485). If you are already in removal proceedings, you may be able to apply for cancellation of removal.

It’s crucial to consult with an immigration attorney or a qualified organization experienced in handling VAWA cases to ensure you understand the requirements, gather the necessary evidence, and navigate the process effectively. They can guide you through the application, provide legal advice, and represent you during the immigration proceedings.