Abuse at the hands of a spouse or family member is one of the most difficult situations a person can face. You may be afraid to speak up, especially when your immigration status feels tied to the person hurting you. Many survivors worry that coming forward could lead to deportation.
The Violence Against Women Act, known as VAWA, gives certain abuse survivors a path to legal immigration status that does not depend on their abuser. Our VAWA lawyers in Tempe can help you file a self-petition and work toward safety and stability on your own terms.
Our team at Mendoza Law has more than 100 years of combined legal experience working with people facing uncertain immigration status. Call today for a free evaluation and learn how our humanitarian visa lawyers in Tempe can help.
What Is VAWA?
The Violence Against Women Act (VAWA) allows certain immigrants who have been abused by a U.S. citizen or lawful permanent resident to apply for immigration relief on their own. You do not need your abuser’s help or cooperation to file, but it is often helpful to seek legal support.
To qualify, you generally must show that a qualifying family member abused you. This includes a U.S. citizen or green card holder who is your spouse or parent, or a U.S. citizen adult child.
You also need to show that you lived with the abuser at some point and that you are a person of good moral character. Our immigration lawyers in Tempe can explain how your specific situation may fit within these requirements.
How Can an Attorney Help?
VAWA cases involve detailed documentation and strict filing requirements. One mistake on your petition or missing evidence can slow down your case or lead to a denial.
Our attorneys may be able to assist you by:
- Reviewing your situation to confirm you meet the eligibility requirements
- Gathering and organizing the evidence needed to support your petition
- Drafting a personal statement that accurately describes the abuse
- Communicating with U.S. Citizenship and Immigration Services (USCIS) on your behalf if questions arise
- Advising you on the next steps after your petition is approved
Going through this process alone is possible, but the guidance of a legal professional can make your journey much smoother. Our VAWA attorneys in Tempe will guide you along the way.
How Does the VAWA Self-Petition Process Work?
Filing a VAWA self-petition requires submitting Form I-360 to U.S. Citizenship and Immigration Services. This form asks you to describe the abuse and your relationship to the abuser.
Supporting evidence is extremely important in these cases. This may include:
- Police reports
- Medical records
- Photos
- Statements from people who witnessed the abuse
You do not need a criminal conviction against the abuser to move forward. Once USCIS approves your petition, you may be placed on a waiting list for a visa or become eligible to apply for a green card, depending on your situation.
What Determines Immigration Status During and After the VAWA Process?
One of the biggest concerns survivors have is what happens to their immigration status while their case is still pending. USCIS treats VAWA petitions with confidentiality and will not inform your abuser of your case.
If your petition is approved, you may receive a notice of prima facie eligibility. This document can help you access certain public benefits while you wait for the next step in your case.
After approval, your path forward depends on your relationship to the abuser and their immigration status. Some petitioners can apply for a green card right away. Others may need to wait for a visa to become available.
How Do You Know if You Qualify?
Our Tempe VAWA lawyers can help you understand if you may qualify for this type of protection. USCIS recognizes a range of harmful behaviors.
Types of abuse that qualify for the VAWA visa include:
- Physical harm or threats of physical harm
- Emotional or psychological abuse that causes fear
- Sexual abuse or coercion
- Financial control used to trap or isolate you
- Threats to report you to immigration authorities
You do not need to have been hospitalized or to have called the police for your experience to count. Our legal team can review what happened and help you present it in a way that USCIS will recognize.
Get Help From Our VAWA Attorneys in Tempe
It is hard enough to leave an abusive relationship without also worrying about your immigration status. Survivors often feel stuck because they depend on their abuser for legal status and support. That fear is understandable, and it is exactly what VAWA was meant to address.
Our VAWA attorneys in Tempe understand the pressure you are under, and we take these cases seriously. We handle every case with the compassion our clients deserve. The goal is to help you move toward safety and legal stability without putting you at greater risk in the process.
Mendoza Law has served more than 100,000 clients who were facing immigration challenges. Attorney Maria puts her clients first and will fight for the justice you deserve under U.S. law. Call today for your free evaluation and tell us how we can help with your VAWA case.