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What is the VAWA Battered Spouse Waiver?
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The Violence Against Women Act (VAWA) was passed by the United States Congress and signed into law by President Bill Clinton in 1994. One section of this legislation, which provides many different protections for domestic violence victims, amended a part of the Immigration and Nationality Act (INA) to provide immigration relief for victims of spousal abuse. Specifically, certain green card holders are able to self-petition for a VAWA battered spouse waiver. Here, our experienced Chicago VAWA attorneys explain the basics about this process.
Self-Petitioning: Explained
If a person has obtained a green card through their marriage to an American legal resident, that individual will first receive two-year conditional status before they are able to receive permanent legal status. Near the end of that two-year period, the immigrant must file a form with their spouse to get the conditions on their green card removed. In cases of domestic abuse, that requirement can be waived. An immigrant who has been the victim of domestic violence is eligible to “self-petition”, meaning their abusive spouse will no longer be required to be part of the immigration process. Further, self-petitioning can be done confidentially, without any notification being sent to the abuser.
Eligibility Requirements
In order to qualify for to self-petition under the VAWA battered spouse waiver, an applicant must meet the following three basic legal requirements:
- They must be in a good faith marriage;
- They must have been the victim of assault or another form of extreme cruelty by their partner; and
- The applicant must meet all other requirements necessary for permanent legal status.
Many domestic abuse victims worry that they will not be able to prove that abuse has actually occurred. If you are worried about this, please be sure to get a lawyer by your side as soon possible. Your attorney will be able to protect you and help you properly prepare your application so that you can be safe and get immigration relief.
Men Qualify Under VAWA Too
Disproportionately, women are the victims of domestic abuse. That being said, many men also suffer from partner violence. Though the name may suggest otherwise, the Violence Against Women Act is a gender neutral law. Any person of any gender identity can petition for immigration relief under VAWA if the legal criteria are met.
Contact Our Illinois Immigration Attorneys Today
At Kriezelman Burton & Associates, LLC, our compassionate immigration lawyers have extensive experience handling cases involving humanitarian visas, such as the VAWA battered spouse waivers. To talk to one of our immigration lawyers today, please call us at (312) 332-2550 or set up an appointment using our short online contact form. We are ready to help
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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.
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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…
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