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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.
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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…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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