Questions and Answers With Immigration Attorney Maria Mendoza

How long does it take to get permanent residency after VAWA approval? 

The time to obtain permanent residency after VAWA approval usually varies. It can be from 3 to 5 months, although in some cases it may take up to a year or more. This depends on the city where you live and the local USCIS office handling your case. For example, in larger offices like New York or Washington D.C., the process may be slower due to the volume of cases. However, in smaller offices, the process is generally faster. Additionally, some cases require an interview, while others do not. If you have any doubts, it is always recommended to consult with your immigration attorney.

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My work permit has advance parole. Can I go to Mexico and return without any issues? 

Not necessarily. Even if you have the travel permit known as Advance Parole, it does not guarantee that you can return to the United States. Advance Parole itself warns that re-entry is not guaranteed, meaning that even if you leave with approval, you may face difficulties when trying to return to the country. It is important to note that if you have a record of issues such as:

• Arrests

• Crimes

• Previous deportations

• Pending court cases

• Falsely claiming to be a U.S. citizen

It is likely that you will be denied re-entry to the United States. For this reason, I always recommend speaking with your immigration attorney before leaving the country.

What happens after giving a statement in a VAWA Visa case? 

The victim’s statement is an important part of a VAWA case, as it describes the mistreatment or abuse suffered at the hands of your spouse or child, who must be a U.S. citizen or permanent resident. Mistreatment can be proven with any evidence deemed credible, and although evidence is not legally required, it is always recommended to try to obtain additional proof to strengthen your statement and increase the chances of success. This may include:

• Text messages with insults or threats

• Photos of injuries

• Police reports

• Witness letters or even psychological evaluations

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I have had a work permit for domestic violence since 2013 (VAWA). Can I obtain permanent residency? 

Obtaining permanent residency through the VAWA Visa depends on several factors, but it is important to mention that not everyone who obtains a work permit under VAWA will achieve permanent residency. One of the main obstacles is the “permanent bar,” which affects people who have accumulated more than a year of illegal presence in the United States after April 1, 1997, and who have illegal entries and exits. It also affects those who have been deported, regardless of the year, and return to the country without authorization. In some cases, VAWA can help you overcome this permanent bar, but it is not always easy. It is crucial to analyze your case thoroughly with an immigration attorney to determine if you meet the requirements for residency.

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If I return after a deportation, can I fix my papers? 

Fixing your immigration status after deportation depends on several factors and each person’s particular case. There are humanitarian visas such as the T Visa, U Visa, and VAWA, which could offer a solution and lead to permanent residency. However, not everyone qualifies for these options, as each visa has specific requirements. For example, with the VAWA Visa, you could obtain a work permit and eventually permanent residency, as long as you meet the requirements. In the case of the T Visa, you could apply even if you have certain criminal records, and it could also lead to permanent residency. It is crucial that you consult with an immigration attorney to evaluate your case and determine the best option for you.

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