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Common Questions Asked in VAWA Cases
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VAWA is an acronym for a law known as the Violence Against Women Act, which has been in the books since 1994 when Congress passed it, and the president signed it into law. The law, among other things, created a special pathway to lawful immigration status for victims of domestic abuse who otherwise had to rely on their abusers to sponsor them for a green card.
By removing the abusers from the green card application process for VAWA victims, the law made it easier for victims of abuse who are close relatives of U.S. citizens and lawful permanent residents to obtain a green card status on their own. At Kriezelman Burton & Associates, LLC, we routinely help victims covered under VAWA living in the Chicago area to apply for and obtain their green cards.
The following are some of the common questions asked about VAWA:
Who Qualifies for VAWA
To qualify for VAWA green card, you must demonstrate the following:
- You are the battered spouse of an abuser who is a United States citizen or lawful permanent resident (green card holder)
- You are a spouse of a U.S. citizen or green card holder, and your child or children are being abused by your spouse
- You are a child of a U.S. citizen or green card holder who is being abused or battered by that individual
What Evidence is Necessary to Prove Domestic Abuse?
Domestic abuse is generally associated with physical abuse, but physical abuse need not be proven in a VAWA case. This is because the definitions of abuse under VAWA are quite broad and encompass many different types of abuse. Physical abuse such as battery, punching, pushing, or shoving is often the easiest to prove, but the law recognizes other forms of abuse, such as the following:
- Intimidation of any kind designed to keep the spouse afraid of the abuser
- Threats intended to keep the victim silent from reporting the abuse or comply
- Harassment and degradation of the victim
- Social Isolation of the victim
- Economic abuse such as withholding money needed for basic living expenses)
- Controlling Behavior
- Sexual Abuse or Rape
What Forms Do I Need for VAWA Application?
Form I-360, the Self-Petition for Battered Spouse/Child, is typically all that is required for a VAWA case. However, if you also meet the requirements for adjustment of status, you may also need to also file the following forms:
- I-485 Application for Adjustment of Status
- G-325A, Biographic Information
- I-693, Report of Medical Examination and Vaccination Record
- I-765, Application for Employment Authorization
Do I Need a Lawyer to File My VAWA Case?
Having an experienced VAWA immigration lawyer can help you in making sure you are not wasting your time and money filing the incorrect forms for your individual case. The lawyer will guide you in what needs to be filed and make sure you have filed everything that makes it easy for an immigration officer to approve your case.
If you are a victim of domestic violence by a U.S. citizen or a green card holder relative, contact us today and schedule an appointment for a confidential consultation.
What Our Clients Say
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
I would like to express my deepest gratitude to Mr. Justin Burton! He is an outstanding specialist in his field and an attorney who quite literally changed our family’s life. Mr. Burton demonstrated a highly professional approach and exceptional dedication to our case. He stands out for his extensive knowledge of immigration law and, beyond that, is a person of great integrity. I can wholeheartedly recommend Mr. Justin Burton and…
I would like to start this review with a big thank you for the immigration lawyer, Nicole Provax, who has done a successful and amazing work on my dad’s case! She was dedicated in walking us through the whole process, keeping excellent communication with us, and despite the little hurdles that came up along the way, she was able to get the case to continue progressing! I’m forever grateful of…
I had the pleasure of having Brittni Rivera as our attorney working on our immigration green card process for my Husband and I .... from beginning to the end.. the best most professional guidance you could ask for. I highly recommend her ... and Donald Rogers too.. thanks again for all your help.
We had the pleasure of having Justin Burton on my parents case. From the moment we reached out, his staff was incredibly welcoming and took the time to really listen to our concerns. We never felt rushed or like just another case, Justin made sure we understood every step of the process and answered all our questions with patience and clarity. What really impressed us was how Justin and staff…
If your case is complicated and you have suffered enough time to get your positive result, Justin Burton is the man. My case was very complicated and I had lost all hopes but Justin got me approved. Me and my family are very thankful to Justin and his staff.
Justin Burton is the best for your legal issues.
Brittni Rivera, es una excelente abogada profesional y muy eficiente en su trabajo. En lo personal ha sido una gran ayuda y gracias a ella obtuvimos nuestra Residencia, y en lo que ocupes no dudes en contactarla. Es lo máximo 🙂. Gracias Abogada🙏
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