What Is the Violence Against Women Act (VAWA)?
The Violence Against Women Act was passed by Congress and signed into law by President Clinton in 1994. The law was intended to protect women who have been the victims of certain violent acts and provide them with remedies. The law both provided increased funding to investigate and prosecute violence against women and enhanced penalties for those who are convicted of these acts.
With regard to immigration, VAWA provides the ability for victims to petition for a United States visa. If the victim meets the requirements, they would be eligible to live and work in the United States as the first step towards possible citizenship.
Who Is Eligible for Protection Under VAWA
VAWA protects those who have been the victims of a number of types of violence. The three categories of victims who may apply for a visa under VAWA are described below.
Spouse VAWA
Spouses can apply for a visa under VAWA if they meet the following requirements:
● You are currently or were previously married to a U.S. citizen or green card holder
● You were battered or subjected to extreme cruelty during the marriage
● You entered the marriage in good faith, not solely for immigration benefits
● You lived with your spouse at some point
● You have good moral character
Child VAWA
● You are an unmarried child under 21 years old (exceptions may apply up to age 25 if abuse delayed your filing)
● You were abused by your U.S. citizen or LPR parent
● You lived with the abusive parent
● You demonstrate good moral character (if the child is over the age of 14)
Parent VAWA
A parent may apply for a VAWA visa under similar circumstances as a child. Here, they would be the victim of abuse perpetrated by their child, who must have been over the age of 21 at the time that the abuse occurred.
How VAWA Works
To apply for a visa under the Violence Against Women Act (VAWA), eligible immigrants can file a VAWA self-petition using Form I-360 with USCIS. This process allows certain victims of abuse by U.S. citizens or lawful permanent residents to apply for lawful immigration status without the abuser’s knowledge or involvement. It is crucial that you have thoroughly documented the abuse that you have suffered before you apply for a visa to give your application the best chance of success.
After you have applied for a VAWA visa, USCIS might take its time to review your petition. It may come back with more questions as part of the Requests for Evidence. You can generally expect a decision between 12 and 24 months after you have applied.
Common Types of VAWA Offenses
Prohibited conduct under VAWA can include a number of offenses. Many people think of VAWA in terms of physical abuse, and this is certainly included as a qualifying offense. However, there are other types of abuse that could qualify you for a VAWA visa. These forms of abuse include:
● Emotional or psychological abuse
● Sexual abuse
● Financial abuse
● Extreme cruelty
● Threats of violence or harm
You should not make any assumptions that the abuse you have endured would not allow you to apply for a visa under VAWA. When you hire a VAWA lawyer in Las Vegas, they can review your case and help determine whether you meet requirements.
VAWA and Deportation
Your ability to apply for a visa under VAWA would shield you from removal so long as your application is pending. USCIS could not initiate removal proceedings until you have exhausted your due process rights in the event that your application is denied.
If deportation proceedings are already in process, applying for a visa under VAWA would put a temporary stop to them. Even if you have committed certain immigration violations, you can apply for a cancellation under VAWA if you can prove the following:
● You have been abused by a U.S. citizen or green card holder spouse or parent
● You have lived in the U.S. for at least 3 years
● You show good moral character
● You can prove that removal from the United States would cause extreme hardship to you or your child
Reasons for VAWA Petition Denials
Regardless of the abuse that you are claiming to have suffered, USCIS approval of your petition is by no means automatic. In fact, USCIS has a higher denial rate for VAWA petitions than they do for other types of visas. Denial rates are over 50% for parent and child VAWA visas.
USCIS may deny your VAWA visa application for the following reasons:
● You have not included sufficient evidence of abuse
● There is not a qualifying relationship that would allow you to qualify for a VAWA visa
● You are unable to demonstrate that you lived with the abuser
● You cannot prove that you had good moral character during the three years prior to your application
● There are inconsistencies in your story or conflicts in your application
If your application has been denied, you may be able to file an appeal. A VAWA attorney could either refile your application or appeal the denial to the Administrative Appeals Office. A VAWA lawyer could also help you defend yourself if USCIS has begun removal proceedings.
Reasons to Work with a VAWA Lawyer
A women’s rights lawyer can help you by handling all of the details of your case on your behalf. They get involved to provide you with effective legal advocacy and increase the chances that your application may be approved.
A VAWA lawyer can do the following for your case:
● Help determine whether you are eligible for a visa under VAWA
● Assist you in documenting what happened, so you are able to prove that yousuffered a qualifying form of abuse
● Prepare your application and supporting documentation to submit to USCIS
● Communicate with USCIS on your behalf
● Represent you in an appeal if your VAWA visa application has been denied
The immigration process can be intimidating under normal circumstances, and it can be even more so when you have been the victim of abuse. A Las Vegas VAWA attorney can ease some of your burden by skillfully handling your case.
Helping Victims of Abuse Get Green Cards to the USA
The Law Offices of Hayoon Kane, PLLC are here to help you obtain a VAWA visa. Once you have received this visa, you would be able to live and work in the United States for four years. By that point, you would hopefully be in a position to file an application for lawful permanent resident status.
Speak to Our VAWA Lawyer in Las Vegas
If you have been the victim of abuse, a Las Vegas VAWA attorney at the Law Offices of Hayoon Kane can help. You can schedule a free case review by reaching out to us online or by calling us today at 702-463-7630. You can rest assured that you are hiring a compassionate immigration attorney who has a track record of success in assisting clients just like you.
