Immigration Attorneys Specialized in VAWA Cases
Acts of Violence Against Undocumented Women VAWA
Throughout the State of California, many cases are constantly reported where women or spouses are victims of abuse by their partners who are United States citizens. Individuals who suffer in this way from their partner may apply for or request VAWA, which is the Violence Against Women Act. Women who wish to apply for this immigration status must demonstrate that they had a genuine marriage and not a fraudulent one. Likewise, they must demonstrate that they were assaulted and have physical and emotional injuries caused by their partner.
To be eligible for this VAWA application, all police reports with the details of the domestic violence committed by the victim’s partner must be included, as well as medical records that prove physical injuries and a restraining order against the abusive spouse.
It is very common that initially the victim of domestic violence refuses to testify against their partner or spouse and report them for abuse due to emotional or financial reasons, which results in domestic violence charges not being pursued. When this type of behavior occurs, it is very dangerous for the victim because their life is at risk and the situation may end badly if the aggressor attacks them again.
Likewise, it is very important that individuals who request a VAWA process report their aggressor with all criminal charges, even if that person is the father of their children. Every woman should be aware that she cannot live under abuse, and if she is in this situation she has the right to apply for this immigration status.
What are the requirements for VAWA?
These requirements may vary depending on the circumstances and situation of the person requesting this immigration status, but generally applicants must meet the following requirements:
- That the abusive spouse is a resident of the United States or a citizen.
- That the aggressor was legally married to the victim.
- That the applicant lived with the abusive spouse.
- That the United States citizen or lawful permanent resident abused and violently assaulted the victim during the time they were married.
- And wait for the final decision on the application.
- That the marriage was real and genuine and not only for the purpose of obtaining immigration benefits.
- That the VAWA applicant is a person of good moral character.
What types of documentation are used to prove harassment or abuse?
The person who wishes to apply for this immigration status must prove that they were truly a victim of abuse or extreme violence by their spouse or partner who is a citizen. Immigration offices recognize a variety of forms of domestic violence that are not limited only to physical abuse.
To begin this process, it is very important that the victim have documents or evidence of the aggression committed by their spouse, such as medical records, police reports, restraining order documents, reports from a psychologist or counselor, records from a domestic violence shelter, among other types of evidence.
Having a convincing sworn statement is essential to win a VAWA case
A VAWA petition must include a written declaration of the facts of violence describing the abuse, the courtship and relationship with the abusive spouse, the good moral character of the applicant, and their immigration history.
How is it proven that the marriage relationship was real or genuine?
The person who wishes to apply for VAWA must demonstrate that the marriage was genuine and entered into in good faith. They must show that they did not marry their partner simply to obtain immigration status in the country. In this case, the applicant must provide documents proving that the relationship was genuine, such as taxes filed as a couple, a lease agreement if applicable, bank accounts, photos, sworn statements from third parties, and other evidence that may be useful.
Work permit through VAWA
To be eligible or apply for a work permit, the VAWA petition must be approved through Form I-360, or in another case there must be a pending adjustment of status application filed with Form I-485. Usually, the applicant should receive their work permit approximately three months after submitting the application or Form I-765.
The effect of divorce on your VAWA case
In order to avoid any issues with your VAWA process, you must submit the application within two years after the date of divorce.
Important point
A person applying for VAWA who has been a victim of domestic abuse or mistreatment is not recommended to remarry until after the immigration office approves the VAWA petition (Form I-360). If the applicant remarries, the immigration petition becomes invalid.
VAWA and second marriage
This type of benefit does not only include women, since there are cases where the victim is a man, and they also have the right to apply for VAWA.