Requirements for Atlanta VAWA Applications

The Violence Against Women Act (VAWA) offers spouses and children of abusive U.S. citizens or permanent residents an opportunity to secure a visa without the need for a sponsor. This is vital for the protection of abuse victims who would otherwise have to rely on the assistance of their abuser.

The VAWA application process allows for these individuals to self-petition, which means they can essentially act as their own sponsor during the immigration process. A dedicated immigration attorney could answer any questions you have about requirements for Atlanta VAWA applications.

Abuse in a Qualifying Relationship

A key aspect for meeting VAWA application requirements in Atlanta is having a qualifying relationship with an abuser. In general, this means having specific family ties to someone with citizenship or permanent residency in this country.

It is possible to qualify as the spouse or child of a lawful permanent resident. In addition to being married to or a child of a U.S. citizen, parents of adults also qualify. This is true not only for current family members with legal status, but potentially for those in a qualifying relationship with someone who lost their status within the last two years.

It is not enough for the parties to one of these relationships. The law also requires that the applicant and their abuser live together at some point. It is not necessary for the parties to share a home at the time the application is filed, however.

Evidence of Abuse

VAWA applicants in Atlanta must also show they suffered abuse at the hands of the person with whom they share a qualifying relationship. This type of abuse can include anything from a physical battery to extreme cruelty. In other words, a history of physical altercations is not necessary so long as there are instances of threats, emotional harm, or controlling behavior. Often, this includes threats to leverage the applicant’s immigration status against them in a punitive way.

Good Moral Character

The final requirement for an applicant in Atlanta seeking VAWA status is that they must show good moral character. While this requirement is not clearly defined, there are some specific factors that will disqualify a person. This usually involves having some kind of criminal history.

An applicant with a criminal history may not be out of luck. Despite lacking these qualifications, it is possible to petition for a waiver. Although they are not granted frequently, it may be possible to have this requirement waived when a criminal conviction is the result of a family member’s abuse.

The Possibility of Rejection

Despite a person’s best efforts, these petitions are rejected by United States Citizenship and Immigration Services in some situations. At times, it may be possible for the applicant to provide additional documentation to meet VAWA requirements in Atlanta. In other cases, government agents may simply determine an applicant does not qualify.

These are the times when the guidance of an attorney can be invaluable. Remedying the problem with an application may be possible, but it is often difficult without the help of experienced legal counsel.

Call an Atlanta Attorney to Discuss VAWA Application Requirements