VAWA Applications in Huntsville
The Violence Against Women Act (VAWA) offers non-citizens who experience abuse from an American family member an opportunity to pursue lawful permanent residency through self-petition. Unfortunately, gathering the evidence needed to meet the qualifications for a VAWA application in Huntsville may be challenging.
A dedicated immigration attorney could review your case and help you navigate the application process. We could also provide support as you navigate this experience while helping you overcome any legal challenges. Solano Law Firm is here for you.
VAWA Applications Explained
To be eligible to self-petition for lawful status under VAWA, an applicant must demonstrate they were abused by a parent, child, or legal spouse who is either a US citizen or lawful permanent resident. An applicant must also currently reside in the US. When a non-citizen divorces an abusive spouse, they have a maximum of two years after the divorce is finalized to be eligible to self-petition.
Potential applicants must submit form I-360 to the USCIS. The information contained in this form is entirely confidential, and the applicant may access it at any time through a written request. An applicant may also allow their attorney access by filing a G-28 Notice of Attorney Appearance.
If the application is granted, and someone is eligible to adjust their status or get their lawful permanent residency, then they can apply for their green card. They will also receive what is called deferred action from deportation, which is protection from removal. Once an applicant receives the deferred action notice, they can apply for work authorization. Our legal team in Huntsville often files this form at the same time as the I-485 Adjustment of Status and the I-765 Work Authorization form to expedite the process of getting an applicant a green card once their self-petition under VAWA is approved.
How Can a VAWA Applicant Prove Abuse?
An essential requirement of a VAWA application is demonstrating that abuse has occurred with an immediate family member. While police reports are helpful evidence, it is a misconception to assume they are necessary. There are different ways of obtaining proof for evidence of harm, even if it was never reported to the police. An applicant can prove the abuse by providing a sworn statement under oath, photographs, or supporting statements from people who may have been witnesses or aware of the abuse. To show the effects of extreme cruelty or abuse, we may recommend an applicant to a psychologist or therapist, who will then provide an evaluation we submit with the application.
We typically only submit additional evidence when absolutely necessary. An agency may send a Request for Evidence with information about how and when additional proof needs to be submitted. Our Huntsville attorneys are dedicated to helping applicants achieve this legal status without forcing them to relive their trauma or confront their abuser.
Call a Huntsville Attorney for Help With Your VAWA Application
Anyone can access the USCIS website and obtain the necessary forms to file a VAWA application. However, with something as complex and with as many qualifications as a VAWA case, seeking the help of a legal professional is essential. While there are never any guarantees with the USCIS, any mistakes in your application may automatically lead to rejection.
A compassionate lawyer at Solano Law Firm could help you determine whether you meet the requirements for pursuing a VAWA application in Huntsville and guide you through this process. Call now to schedule a consultation.