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.
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Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
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.
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