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
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Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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