VAWA Applications in Chamblee

The Violence Against Women Act contains numerous protections for the victims of abuse or crime. One aspect of this law applies directly to immigrants who are at the mercy of their abuser while seeking legal status in this country.

If you qualify for these protections, you can lawfully self-petition for a visa and remain in this country. To ensure you have the best chance for a favorable outcome, one of our skilled immigration attorneys will answer any questions you have about VAWA applications in Chamblee.

Why is Self-Petitioning Helpful?

Under the law, an immigrant seeking a family-based visa must be sponsored by a relative who is either a citizen or lawful permanent resident. For victims of domestic violence, this often means their chance to remain in the country requires cooperation from the person who represents the biggest threat to their health and well-being.

VAWA allows a Chamblee applicant to “self-petition” when they meet certain standards to avoid this situation. Instead of requiring someone else to initiate the process, they can file their petition on their own. Not only can they become a lawful permanent resident of the U.S. with a sponsor, but they can also go through this process without notifying their abuser at all.

How to Apply for VAWA Protection

Before a Chamblee resident can move forward with a VAWA application, they must first be certain they qualify. That means demonstrating a history of abuse from their spouse, child, or parent who is also acting as their sponsor during the immigration process. The applicant must also currently reside in the U.S. to take advantage of this status.

The initial step involves filing a document referred to as Form I-360. This document is kept in confidence to protect the individual from any potential retaliation. United States Citizenship and Immigration Services will review the information provided to determine if the application should be granted.

Once approval is given, a non-resident can petition for adjustment of status and secure their green card so long as they qualify. The application process is also a viable defense from deportation, as many applicants are allowed to remain in the country pending a final decision.

Establishing Abuse

One issue that can be a problem for an applicant is convincing the government that abuse occurred. There is a common misconception that VAWA applications are only approved in situations where a police report was filed or a criminal conviction was made in Chamblee, but that is not the case. These protections apply regardless of whether the police were ever notified.

Without a criminal conviction to point to, an applicant will need to rely on other evidence. This often comes in the form of sworn statements from witnesses. Someone can also use photos of injuries. Additionally, he words of the immigrants themselves can be powerful evidence. Experienced legal counsel could help determine what should be shared with USCIS can be done with the support.

Talk to an Attorney in Chamblee About VAWA Applications

No one should have to choose between residency in the U.S. and living free from the fear of abuse. If you believe you are entitled to protection from the Violence Against Women Act, now is the time to get started. Call right away to discuss VAWA applications in Chamblee.