Proving Your VAWA Case
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The Violence Against Women Act (VAWA) was a law that was enacted in 1994 as an effort to curb domestic violence and sexual assault. The victims of domestic violence who meet the eligibility criteria can obtain a green card through “adjustment of status” under VAWA, a process that will lead to their becoming permanent residents. At Kriezelman Burton & Associates, we are VAWA immigration lawyers who assist clients in the Chicago area in obtaining VAWA benefits, including permanent residency.
In its various reauthorizations, the VAWA law has been strengthened and expanded to, among other things, create a path to obtaining a green card for victims of domestic abuse in the hands of a U.S. citizen or lawful permanent resident (green card holder) who is a spouse or parent. However, the victim must also meet other criteria.
VAWA allows applicants who meet its criteria to self-petition by filing Form I-360 Petition for Amerasian, Widow(er), or Special Immigrant for immigrant benefits even if the marriage terminated in divorce, if the VAWA self-petitioner can:
- show a connection between the termination and domestic violence, and
- files the I-360 petition within the time limit of two years from the end of the marriage
In addition to the I-360 petition, the VAWA petitioner must also submit documents proving that the marriage was bona fide, meaning the marriage was not one entered as a sham marriage, that the petitioner is of good moral character, and that the U.S. citizen or green card holder spouse or parent physically or mentally abused the petitioner during the marriage, or was the parent’s child in residence with the parent.
Proving Bona Fide Marriage for VAWA
For a VAWA petition based on spousal abuse to be approved, the petitioner must first show to the satisfaction of the USCIS officer reviewing the petition that the marriage was entered into in good faith. This means the petitioner must prove the marriage was not a “sham marriage,” which USCIS defines as a marriage entered for purposes of circumventing U.S. immigration laws. To prove this, your petition must contain enough evidence to establish the bona fides of the marriage, such as leases or rent agreements showing the couple lived together, utility bills, and so on.
Proving that US Citizen or Green Card Holder Spouse Was Abusive
A petitioner for VAWA benefits must show that they, or their child, “has been battered or has been the subject of extreme cruelty” by the U.S. citizen or LPR spouse or parent (see I.N.A. § §204 (a)(1)(A)(iii)(I)(bb) and (iv); (B) (ii)(I)(bb) and (iii)). There are many types of abuse that qualify under this definition, and these include mental and physical abuse, battery, threats, and intimidation.
Showing the Self-Petitioner’s Good Moral Character
To meet the requirement of good moral character, which means the petitioner is not a bad person who should not get any immigration benefits, USCIS first looks at the petitioner’s criminal record, if they have any. If the record is clear, the petitioner must still demonstrate they are persons of good moral character. This can be done by having friends and family provide affidavits and letters of support.
If you are or have been a victim of domestic abuse or sexual violence and are in the Chicago area, contact us today and schedule a confidential consultation. We are based in Chicago but also offer our services in Indiana, Wisconsin, and Michigan. We handle all types of immigration cases.
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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…
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…
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