Immigrant victims of domestic violence may be afraid to speak up for themselves due to fear of immigration consequences. However, U.S. Customs and Immigration (USCIS) has established avenues for abuse victims to secure permanent residence and legal protections.
If you have been a victim of domestic violence or abuse, a San Francisco humanitarian visa lawyer can help you petition for relief under VAWA protections. At Mendoza Law, our team has been a firm defender of immigrants’ rights for nearly a decade, and we will fight to help abuse victims achieve independence from their abusers.
Contact our offices today to speak to a VAWA lawyer serving San Francisco.
What Is VAWA?
The Violence Against Women Act (VAWA) is a 1994 federal law meant to enhance legal protections for survivors of domestic violence and abuse. Among these protections is a pathway to legal status for immigrants who have been victimized by familial violence.
Immigrants who have been abused by a spouse who is a citizen or permanent resident can apply for legal status under VAWA. A VAWA visa allows victims to remove themselves from dangerous domestic situations without jeopardizing their immigration status.
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What Rights do VAWA Self-Petitioners Have?
VAWA allows at-risk individuals to self-petition for protected status and grants them certain legal protections, such as:
- Confidential. Information in VAWA petitions is confidential and will not be shared with the abuser.
- Protection from removal. Immigrants awaiting a decision on a VAWA petition are generally protected from deportation and removal.
- Employment authorization. If your petition for a VAWA visa is approved, you will be able to work legally in the U.S. to support yourself.
- Public benefits eligibility. Individuals who are approved under VAWA can be eligible for certain public benefits, like housing assistance and food programs.
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Eligibility for VAWA Self-Petitioning
Like other types of immigration relief programs, petitioning for VAWA has very specific eligibility requirements. If you are unsure of whether you qualify for protections, you can talk to an immigration lawyer serving San Francisco from Mendoza Law. The qualifications are:
- You are the current spouse/former spouse, child, or parent of a US citizen or permanent resident.
- You were the victim of battery or extreme cruelty during the relationship with your abuser.
- You live or have lived with your abuser previously.
- You have good moral character.
“Good moral character” isn’t explicitly defined by the law, but it at least means that you are not ineligible for legal status for other reasons, like having a conviction for a violent felony. If you are inadmissible for immigration, you may be able to procure an inadmissibility waiver to remove that restriction.
In addition to these conditions, spouses filing for VAWA protections must prove they entered into the marriage in good faith and not for the purpose of evading US immigration laws. This further condition is part of recent changes in U.S. immigration law meant to reduce the incidence of fraudulent VAWA claims.
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Process of Self-Petitioning Under VAWA
To apply for protections under VAWA, you start by completing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form contains information about the petitioner, including their name, address, alien registration number, and classification as a domestic abuse survivor.
The form also contains a disclosure stating that you agree to USCIS possibly asking you for fingerprinting and other biometrics. The information in Form I-360 is signed under the penalty of perjury, which means you can face adverse immigration consequences if you lie on the form.
Note that approval of a petition under VAWA doesn’t automatically grant legal immigration status. Approval provides immigrant classification so you and any derivative beneficiaries can apply for permanent legal residence.
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How an Immigration Lawyer Can Help With VAWA Self-Petitioning
Navigating the process of VAWA self-petitioning can be extremely difficult for immigrants with little experience with the U.S. immigration system. A San Francisco VAWA lawyer from Mendoza Law can assist with a petition for VAWA protections at every step of the process.
More specifically, your lawyer can:
- Explain the legal protections available to you under VAWA and similar legislation
- Gather documents proving your identity, marriage, and the severity of abuse.
- Obtain, fill out, and submit the necessary VAWA documentation and forms.
- Represent you during immigration hearings and interactions with immigration officials.
- Provide emotional and moral support as you move through the immigration process.
Contact a San Francisco VAWA Lawyer from Mendoza Law
At Mendoza Law, we are dedicated to protecting survivors of domestic abuse, and we’ve helped numerous individuals find peace and security. As the child of immigrants, Attorney Maria has a firsthand understanding of the difficulties migrants face. We will stand tall as we help survivors find a better life.
Contact us online or call today to discuss your case with a VAWA lawyer serving San Francisco.
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