VAWA Immigration: Key Facts About Domestic Violence Green Cards
Congress amended the Violence Against Women Act (VAWA) to provide a way for certain victims of domestic violence to apply for a green card without the need for a family sponsor.
A VAWA lawyer is an experienced immigration attorney that understands VAWA immigration and all VAWA requirements. Because of this federal law, it’s possible that a VAWA lawyer can help you gain what’s often referred to as a “domestic violence green card.” You could be eligible if you’ve been victimized by a U.S. citizen or green card holder who would have typically acted as a sponsor for your immigrant visa.
This VAWA immigration by the VAWA lawyers at D’Alessio Law covers:
- The Purpose of VAWA Immigration
- VAWA Requirements for a Domestic Violence Green Card
- VAWA Processing Time for a Domestic Violence Green Card
- Contacting a VAWA Lawyer
D’Alessio Law provides comprehensive U.S. immigration law services. Our immigration law firm in California has the experience needed to represent noncitizens seeking a domestic violence green card and all its protections.
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The Purpose of VAWA Immigration
Family-based immigration typically requires a sponsor who is either a U.S. citizen or a lawful permanent resident. Both have the right to file a petition with U.S Citizenship and Immigration Services (USCIS) for immigrant visas on behalf of certain family members.
The reality is that sometimes a would-be sponsor holds the ability to sponsor their family member over their heads and uses this as leverage to get away with domestic violence.
A domestic violence green card allows victims to escape the prison of domestic abuse and still become a lawful permanent resident. A VAWA lawyer can help victims of abuse submit their own petition for a domestic violence green card in secret so that their abuser will never know.
Your VAWA lawyer at D’Alessio law will compassionately help you plan your escape from your abuse into the freedom provided by VAWA immigration. You will have the support of your VAWA attorney from your first consultation, through the VAWA processing time, and until your successful Adjustment of Status to Lawful Permanent Resident (LPR).
Keep in mind, just because VAWA immigration is through the Violence Against Women Act, domestic violence green cards are available to victims regardless of gender.
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VAWA Requirements for a Domestic Violence Green Card
To meet VAWA requirements for a domestic violence green card, you must have experienced domestic battery or extreme cruelty by a relative that would legally have the right to sponsor you. You may meet these VAWA requirements if you were abused by:
- Your U.S. citizen or LPR spouse
- Your U.S. citizen or LPR parent (if meet certain age-related VAWA requirements)
- Your U.S. citizen adult child
You can file for VAWA immigration even if you are divorced from your abusive spouse at any point up to two years after your divorce is finalized. Plus, you can often include your child on your VAWA immigration petition if they meet certain requirements.
You may meet VAWA requirements if you have experienced abuse from your would-be sponsor including:
- Physical violence
- Sexual abuse
- Social isolation or degradation
- Stalking or intimidation
- Forced labor or unemployment
- Immigration-related mental torment
If you are eligible for VAWA immigration, your VAWA lawyer can help you file a VAWA immigration petition using Form I-360. They will also help you apply for the actual domestic violence green card using Form I-485 using the Adjustment of Status process.
VAWA requirements for filing include:
- Filing Form I-360 and supporting documents
- Filing Form I-485 and supporting documents
- Maintaining a physical presence in the U.S. while applying for your domestic violence green card
- Fulfilling Immigration and Nationality Act (INA) admissibility requirements
Positive factors that may lead USCIS officials approve your VAWA immigration include being compliant with all U.S. laws, having documentable good moral character, and having no criminal record.
VAWA requirements exempt two grounds of inadmissibility featured in the INA. If you are seeking a domestic violence green card, you are exempt from both the “public charge” and the “entry without inspection” grounds of inadmissibility in the INA.
VAWA immigration is not guaranteed, so you must seek the help of a VAWA lawyer before proceeding.
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VAWA Processing Time for a Domestic Violence Green Card
The VAWA processing time varies significantly. Factors that will affect your VAWA processing time for your domestic violence green card include:
- The complexity of your case
- The proper filing of your paperwork
- The amount of documentation you can provide
- USCIS backlog
Your VAWA lawyer may be able to estimate your VAWA processing time after consulting with you. To save time, your VAWA lawyer will also usually apply for your Adjustment of Status when filing your VAWA immigration petition.
Contact a VAWA Lawyer
If your VAWA lawyer finds that federal law may allow you to apply for a domestic violence green card without needing your abuser’s sponsorship, you can finally begin the process of healing from abuse.
To find out if you may qualify for a domestic violence green card, please contact D’Alessio Law to request a free, confidential consultation.
