U.S. immigration law allows victims of domestic violence to apply for lawful permanent residence (green card) as a self-petitioner, meaning applying without the help of their abusive U.S. citizen or lawful permanent resident spouse or parent. However, this law, known as the Violence Against Women Act (VAWA), has several requirements that must be satisfied before a petition for the benefit is approved. At Kriezelman Burton & Associates, LLC, we have experienced immigration attorneys who assist clients in the Chicago area to apply for and obtain green cards based on VAWA.
VAWA defines domestic abuse more broadly than is generally the case, for example, under criminal law. This is important for a victim of domestic abuse to understand because abusive conduct that is generally not considered criminal law can be a basis for obtaining a green card as a VAWA self-petitioner. Abuse for VAWA purposes includes not only physical violence but the following conduct as well:
There is more so if you are in an abusive relationship or a victim of what you know to be domestic violence, an experienced immigration lawyer can help you in self-petitioning to obtain a green card under VAWA.
To be successful, a VAWA petition must be accompanied by credible, detailed evidence documenting the abuse by a U.S. citizen or lawful permanent resident (green card holder). The following is the type of documentation required for a successful VAWA petition:
This is not an exhaustive list of documents essential in proving domestic violence under VAWA, but a good combination of these documents would normally lead to a successful self-petition. As is the case with all other immigration benefits, the more documentation you have, the better.
If you are in an abusive domestic relationship, contact us today to learn how we can help you file a successful VAWA self-petition.
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