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Helping Victims of Domestic Violence Get Green Cards in the U.S.
If you’re relying on a close family member to sponsor you for permanent residency, but they’ve recently become abusive, you might hesitate to report the domestic violence in fear of missing out on a green card. But you should not have to choose between safety and the chance to live in the U.S. You may be able to attain both through the Violence Against Women Act (VAWA).
At Metcalf & Associates, P.C., our experienced immigration attorneys have provided legal advice to many victims of domestic violence who wanted to leave their abusive family members without risking their chance at a green card. If you’re curious to find out how VAWA can protect you, contact our immigration law firm for a free consultation.
What Is the VAWA Program?
The family-based immigration process allows U.S. citizens and permanent residents to sponsor relatives to immigrate to this country. While this legal option makes it easier for families to be reunited in the U.S., it also requires foreign nationals to heavily depend on their spouse or other family members for their immigration status. This can be unsafe for immigrants whose relatives abuse them, knowing they won’t leave or report the abuse because they’re afraid of being deported.
In response to this issue, Congress passed the Violence Against Women Act (VAWA) in 1994. As a result, victims of domestic violence who meet certain requirements can self-petition for permanent residency. This allows them to achieve permanent resident status before they leave their abusive relative, as they no longer have to rely on them for a green card.
So, if your spouse, parent, or adult child promised to sponsor you to become a permanent resident but has been abusing you during your time in the U.S., know that you can leave your unsafe situation without leaving the country. If you qualify for VAWA, you can become a green card holder on your own. Our Schaumburg immigration attorneys will help with the application process, so contact our immigration law firm.
Do You Qualify for a VAWA Visa?
The Violence Against Women Act specifically mentions women because they tend to be most vulnerable to domestic abuse. However, men can also benefit from this program if they can prove they’ve been abused by certain family members in the U.S.
In particular, you could be protected by VAWA if you’ve suffered domestic abuse at the hands of the following:
- A spouse who is a U.S. citizen or permanent resident
- A parent who is a U.S. citizen or permanent resident
- An adult child who is a citizen of the U.S.
You might also qualify for the protection of VAWA if you’re no longer with your U.S. citizen spouse or lawful permanent resident spouse, as long as you file your petition within two years of your divorce. However, if you were never married to your abusive partner, or if they’re not a citizen or lawful permanent resident, you won’t qualify for a VAWA visa. Contact our immigration law firm to learn if you’re eligible for this type of protection from domestic violence.
What Should You Expect from the VAWA Application Process?
You must prove some qualifying details to be approved for a VAWA visa. First, you have to provide proof that your abuser is a lawful permanent resident or U.S. citizen. This means sending in their birth certificate, naturalization certificate, green card, or U.S. passport.
These documents can also be used to prove your relationship. For example, if you were abused by your adult child, sending their birth certificate with your VAWA petition will show that you’re their parent. If you endured domestic abuse by one or both parents, sending your birth certificate will prove your relationship. If your spouse abused you, your marriage certificate will act as proof of your relationship.
Once you’ve proven your relationship and the U.S. citizenship or lawful permanent resident status of your abuser, you must provide evidence of domestic abuse. You can do so by gathering medical records and pictures of your injuries as proof of extreme cruelty and battery toward you. If you have police reports, witness statements, or other proof of domestic abuse, you should include that in your VAWA petition.
You must also prove that you’ve lived with your abuser in the U.S. and are of good moral character, which means you don’t have a history of violent crime. If you’re unsure how to prove these details, experienced immigration attorneys can gather evidence of your claims to increase your chance of approval, so contact our immigration law firm for help with your VAWA petition.
Why Should You Call Our Schaumburg VAWA Attorneys?
If you were hoping to achieve lawful permanent resident status through the family-based immigration application, but you ended up a victim of domestic violence in the U.S. instead, there’s help available. The VAWA visa allows victims of domestic abuse to self-petition for permanent residency status and enjoy the immigration benefits they deserve, including the chance to live here indefinitely and get work authorization.
If you want to learn your eligibility for a VAWA visa, contact our Northern Illinois immigration law firm to speak with a knowledgeable VAWA attorney. Schaumburg, IL is just one Chicago suburb that our immigration lawyers serve. We also offer quality legal representation across DuPage County, Cook County, and beyond, so you can get legal support from caring immigration lawyers in Elk Grove Village, Elgin, Arlington Heights, or other areas.
Our immigration law firm’s legal team is committed to helping victims of domestic violence get protection from abusive relatives by applying for a VAWA visa. If you want to know if you qualify to self-petition for this visa while seeking protection, contact our trusted immigration law firm at 224-328-1900 for a free consultation.