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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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…
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.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
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I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
Huge thanks to Attorney Matthew for his incredible support on our immigration case! 🙏 He was professional, responsive, and his expertise led to a successful outcome. We truly appreciate his hard work and highly recommend his service.
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