How to obtain permanent residence through VAWA?
VAWA visa can give the way to regularize migratory status without leaving the US, even if entered the country unlawfully, being under permanent bar, or having any previous deportation and unlawful re-enter to the country.
In these situations, if requirements are met, a migratory status which can be updated for life can be reached. Is a type of visa which provides an Employment Authorization Document, a Social Security Number, protection against deportations and a direct way up to permanent residence.
It is important to talk with an immigration attorney to know the specific requirements to qualify for the VAWA visa.
There are different ways to regularize migratory status through VAWA. Either if being married to a US citizen or legal resident, married but separated, or divorced in a time window no greater than two years from a US citizen or legal resident.
A procedure through VAWA does not only goes forward if being married with a citizenship or legal residence holder. Process through VAWA are based in family abuse or mistreatment. It is a requirement to qualify for VAWA visa.
It can also be based on having an over-21-years US citizen son/daughter.
It can arise the scenario in which a US citizen parents have entered the country unlawfully, and don’t meet the requirements to regularize migratory status within the US.
This can derive from lack of protection through 245i law, or from not having a son/daughter in the US army.
If entered the country unlawfully and only having an over-21-years son/daughter, do not have US citizen or legal residents parents or spouse, nor protection through 245i law, a son/daughter in the US army can be another way to regularize migratory status.
VAWA visa can open a path to regularize migratory status within the US for those parents who entered the country unlawfully through the border, and have over-21-years sons/daughters who meet the family abuse or mistreatment requirement.
VAWA is based in family abuse. This does not necessarily implies physical damage or extreme domestic violence. Even though that is a type of family mistreatment/abuse under US law, VAWA contemplates more common situations, such as marriage problems and rebel sons/daughters. This might include emotional, verbal or psychological mistreatment.
Situations that qualify for a VAWA process
- Everytime you have a discussion with your spouse, he/she mentions stuff like you only married by interest, that your only wish is to regularize your miratory status and that he/she won’t help you.
- Your spouse got to submit a petition for you and is using it as a control tool by threatening you on calling Immigration Department to cancel such petition and declare that your marriage is a fraud.
- Your spouse threatens you on “throw you to ICE”, or separating you from your children.
- Your spouse insults you frequently and intimidate you, either by words, actions or a severe tone.
- Your spouse behavior is extremely jealous to the point that he/she doesn’t allow you working out of home, is always criticizing the way you dress, wants to check on your phone and your text messages.
- You feel that you can’t talk with your family or friends due to your spouse jealousy.
- Your spouse installed a GPS on your phone or vehicle even knowing that you work in construction or somewhere that you must stay until late, is always accusing you on being with someone else, everytime you get home there is a discussion due to you having to work until late, and gets to the point where he/she gets to your workplace and humillates you in front of your colleagues.
With VAWA visa, not only the transgressor behavior is contemplated, but also all the facts around it.
With VAWA visa, not only the transgressor’s behavior is contemplated, but also all the facts around it. It is recommended to consult with an immigration attorney first.
It is not necessary to divorce nor separate, however, this kind of facts cam give the way to regularize migratory status without leaving the US.
Must you talk about the mistreatment during your interview with Immigration Department?
For the VAWA visa approvation, there is no interview with Immigration Department. Through VAWA visa, you don’t need to have witnesses, nor will they talk with the person on who the process is based on about it. There is simply no interview with Immgiration Department. It is a procedure that is mainly paperwork.
There is a difference between VAWA visa and the residence. VAWA visa can give a migratory status that can be updated for life. as long as there is good moral character. This allows to have an Employment Authorization Document, a Social Security Number and protection against deportation.
Not everyone can reach the residence through VAWA law.
Possible reasons for the permanent bar
There can be two scenarios in which a person gets under the permanent bar:
-
Having accumulated a year of unlawful presence after April 1st of 1997
If one year was accumulated within the US in which the person had no documents that would prove lawful presence, leaves (or is deportated) from the country and gets back unlawfully after the year of unlawfyl presence, that can imply falling under the permanent bar.
-
Having a deportation order
If exited the country due to a deportation and came back to the US unlawfully, that is another way of falling under the permanent bar.
The reason for which emphasis is made on the permanent bar is because a person who is under the permanent bar, despite having previous unlawful enters and exits or previous deportations, can have the way to reach the permanent residence without leaving the US.
If you attend to the Permanent Residence interview, and are under the permanent bar, a requiremtn is that you must connect your unlawful enters and exits from the US with the mistreatment or family abuse you suffered from the family member in which your procedure is based.
In these situations, you might be asked about the mistreatment or family abuse. However, if you’re not under the permanent bar (in the permanent residence interview context), no interview with Immigration Department will be required.
The application to the Immigration Department must be honest. Even though there is no associated interview for the VAWA visa, there is for the Permanent Residence.
If being under the permanent bar and applying for the permanent residence through VAWA law, there can be questions about the suffered mistreatment.
If you’re not under the permanent bar and are applying for the permanent residence, immigration officers don’t have jurisdiction for asking about the mistreatment. Even so, is highly recommended to count with an experienced immigration attorney who fights for you.
Not all attorneys know VAWA law well. Some ingnore the fact that the client must not be asked about the mistreatment during interviews with Immgration Department when not under the permanent bar.
There can be fear of starting an immigration procedure through VAWA visa for not to prejudice the person on which the process is based on, due to shame or sadness about talking of these facts.
It must be remembered that, through VAWA visa, it is not necessary to talk about these things since there is no interview at all with Immigration Department.
If the goal is the permanent residence, there will not neccessarily be questions about the mistreatment, unless being under the permanent bar and trying to connect unlawful enters and exits with suffered family abuse.
