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VAWA Petition

What is VAWA Self-Petition

A VAWA self-petition is a legal process in the United States that allows certain immigrant victims of domestic violence or other forms of abuse to apply for lawful immigration status without relying on their abusive U.S. citizen or lawful permanent resident spouse or family member to sponsor them. VAWA stands for the Violence Against Women Act, which includes provisions to protect immigrant victims of domestic violence, sexual assault, and other crimes. This process is also available to certain immigrant children and parents who have been subjected to abuse.

Eligibility for VAWA self-petition

Eligibility for a VAWA (Violence Against Women Act) self-petition is determined by specific criteria established under U.S. immigration law. To qualify for a VAWA self-petition, you must meet the following key eligibility requirements:

  1. Relationship Requirement:
    • You must be married to a U.S. citizen or lawful permanent resident (LPR, also known as a green card holder), or be the child (unmarried and under 21) or parent of a U.S. citizen who is at least 21 years old.
  2. Abuse Requirement:
    • You must have been subjected to battery or extreme cruelty by the U.S. citizen or LPR spouse or parent who is your abuser. This abuse can be physical, emotional, psychological, or even financial in nature.
  3. Good Faith Marriage (if applicable):
    • If you are married to the abuser, you must show that you entered the marriage in good faith and not solely for the purpose of obtaining immigration benefits.
  4. Residence in the United States:
    • You must have resided with the abusive U.S. citizen or LPR spouse or parent in the United States.
  5. Good Moral Character:
    • You must demonstrate that you have good moral character, which generally means that you have not engaged in criminal activities or other behaviors that would negatively impact your character.

VAWA Additional Requirements

  • Some of the abuse must have taken place in the U.S
  • If married to the U.S Citizen or permanent resident, at least some of the abuse must have occurred while being married
  • You and the abuser must have lived together at some point.

How to prove VAWA

Gathering and presenting compelling evidence is a critical aspect of a VAWA  self-petition. The evidence you provide should clearly demonstrate that you meet the eligibility criteria and have been subjected to abuse by a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Here is a more detailed breakdown of the types of evidence you can include in your VAWA self-petition:

  1. Personal Statements:
    • Provide a detailed personal statement or declaration describing the abuse you have suffered. Explain the nature and extent of the abuse, its impact on you physically, emotionally, and psychologically, and any steps you have taken to seek help or escape the abuse.
  2. Affidavits or Witness Statements:
    • Collect affidavits or written statements from individuals who have firsthand knowledge of the abuse or your relationship with the abuser. These witnesses can be friends, family members, co-workers, or professionals (e.g., therapists, counselors) who can attest to the abuse.
  3. Medical Records:
    • Include medical records that document injuries or medical treatment related to the abuse. These records can substantiate the physical harm you have suffered.
  4. Police Reports and Documentation:
    • If you have contacted law enforcement or sought protection orders, include copies of police reports, restraining orders, or any other legal documentation related to the abuse.
  5. Photographs and Videos:
    • Provide photographs or videos that depict injuries, damage to property, or other evidence of the abuse. These visual records can be powerful in demonstrating the severity of the situation.
  6. Correspondence:
    • Include any written communication between you and the abuser that may support your case. This can include threatening messages, emails, letters, or text messages.
  7. Financial Records:
    • If financial abuse is part of your case, gather documents like bank statements, tax returns, or other financial records that illustrate how the abuser controlled or manipulated your finances.
  8. Marriage and Divorce Records:
    • If you are married to the abuser or have previously been married, provide marriage certificates and, if applicable, divorce or separation records.
  9. Evidence of Shared Life:
    • If you are married to the abuser, include evidence of a shared life together, such as joint bank accounts, shared leases or mortgages, utility bills, or photographs of the two of you together.
  10. Proof of Residence:
    • Show that you lived with the abusive U.S. citizen or LPR spouse or parent in the United States. Utility bills, lease agreements, or other records can help establish this.
  11. Character References:
    • Collect character references from people who can vouch for your good moral character and credibility. These references can be from friends, family members, employers, or community leaders who know you well.

Remember that it’s crucial to consult with an experienced immigration attorney or accredited representative who can help you assemble and present your evidence effectively. They can guide you through the process, ensure that the evidence meets the legal requirements, and help you make a strong case for your VAWA self-petition. Each case is unique, and professional assistance can be invaluable in navigating the complexities of VAWA petitions.

VAWA - FAQ

Can I apply for VAWA if I enter the US illegally?

Yes, you can apply for a VAWA  self-petition even if you entered the United States illegally or without proper immigration documentation. VAWA does not require you to have legal immigration status in the U.S. as a condition of eligibility.

To be eligible for a VAWA self-petition, you must meet the other criteria mentioned earlier, which primarily involve proving that you have been subjected to abuse by a U.S. citizen or lawful permanent resident spouse or parent, demonstrating good moral character, and providing evidence of your relationship and residency with the abuser in the United States.

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance

After the visa / petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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