If you have experienced abuse by a U.S. citizen or lawful permanent resident, the Violence Against Women Act (VAWA) can provide protection. A Gallup humanitarian visa lawyer can review your case and confirm your eligibility.
The lawyers at Mendoza Law have over 100 years of combined experience. If you are a survivor of domestic abuse, a VAWA lawyer in Gallup can help you apply for legal status.
How a Gallup VAWA Lawyer Can Help
A VAWA application requires you to establish both a qualifying family relationship and a history of abuse or extreme cruelty.
A Gallup immigration lawyer can help with your case by:
- Confirming your eligibility: A lawyer can review your relationship with the abuser, immigration history, residence, and other circumstances to determine whether you qualify for VAWA protection.
- Assisting with your self-petition: An attorney can help you prepare Form I-360 and organize the information you need to provide.
- Gathering evidence: A lawyer can identify documents, statements, records, and other evidence that may help establish the qualifying relationship and abuse.
- Protecting confidentiality: An attorney can explain how VAWA’s special confidentiality protections work and help you prepare and submit your application privately.
- Preparing related applications: A lawyer can determine whether you may also be eligible to pursue adjustment of status or other immigration benefits.
Who Qualifies for VAWA?
Having experienced domestic violence does not automatically mean you qualify for protection under VAWA. For a spouse-based petition, for example, you generally must have a qualifying relationship with a U.S. citizen or lawful permanent resident and have experienced battery or extreme cruelty.
Other requirements involve living with the abusive family member and demonstrating good moral character. In some circumstances, you may still have an opportunity to pursue protection under VAWA after your marriage has ended, provided you meet the other eligibility requirements.
Children and parents have different eligibility rules. Because of these differences, it’s important to consult a Gallup VAWA lawyer before submitting an application.
What is a VAWA Self-Petition?
Ordinarily, to apply for a family-based green card, you must rely on a U.S. citizen or permanent resident relative. That requirement can create a serious problem if your relative is abusive and uses their immigration status as leverage.
Fortunately, under VAWA, you can petition for immigration benefits without relying on your abusive family member to file a petition on your behalf. A VAWA attorney in Gallup can help you file your petition confidentially.
What Counts as Abuse or Extreme Cruelty?
Physical violence is one form of abuse that may support a VAWA self-petition, but not the only kind. Depending on your circumstances, qualifying types of abuse may include:
- Physical assault or threats of physical violence
- Sexual abuse or forced sexual activity
- Threats involving children or family members
- Severe emotional or psychological abuse
- Controlling access to money or basic necessities
- Threats to report someone to immigration authorities
- Isolation from friends, relatives, or other sources of support
- Repeated intimidation or threats
- Other conduct intended to control, intimidate, or cause serious emotional harm
What Documents Do I Need?
Some people hesitate to pursue immigration relief because they do not have police reports or medical records documenting their abuse. However, the absence of those records does not necessarily mean you aren’t eligible for protection.
Depending on your circumstances, useful types of evidence may include:
- Police or court records
- Medical or counseling records
- Protection orders
- Messages, emails, or other communications
- Photographs or other documentation of injuries or property damage
- Statements from relatives, friends, neighbors, coworkers, or other people who know about the relationship
- Evidence showing that you lived with the abuser
- Marriage, birth, divorce, or other civil records
- Financial documents
- Personal statements describing the relationship and abuse
Can VAWA Lead to a Green Card?
Yes. For eligible applicants, VAWA can provide a pathway toward lawful permanent residence.
Whether you can apply for a green card, and when you can do so, depends on factors such as the relationship you were involved in, your immigration circumstances, visa availability, and whether you satisfy the requirements for adjustment of status or consular processing.
What If I Am Divorced?
In some circumstances, you can still self-petition for protection under VAWA after a divorce. However, you must file Form I-360 within two years of the date your divorce decree was legally finalized. You must also show a connection between the divorce and the abuse, and you cannot remarry before getting approved.
If more than two years have passed since your divorce was finalized, the standard VAWA self-petition route is closed.
What If You are in Removal Proceedings?
Having an existing removal order does not bar you from seeking protection under VAWA. Instead of a standard self-petition, you will likely need to file a Motion to Reopen your immigration case to pursue VAWA relief or request VAWA Cancellation of Removal.
In some situations, you can file a standard Form I-360 VAWA self-petition with USCIS. However, you will still need to coordinate with the immigration court or the Board of Immigration Appeals (BIA) to handle the outstanding removal order.
How Long Does a VAWA Case Take?
There is no single processing time that applies to every VAWA case. The time it takes for an application to be processed can vary depending on USCIS workloads, the type of filing, whether additional evidence is requested, and the specifics of your case.
A delay does not necessarily mean that your petition will be denied. Likewise, receiving a request for additional evidence does not automatically mean your application was unsuccessful. A lawyer can help respond to these requests and keep your case on track.
Speak to a VAWA Attorney in Gallup
Domestic abuse can create a particularly difficult situation for immigrants who depend on a spouse or other family member for their immigration status. If you are eligible for protection under VAWA, a Gallup VAWA attorney from Mendoza Law can help you build a strong application and secure legal status.
Call now to have a confidential consultation with a lawyer.