VAWA Application in Montgomery
The Violence Against Women Act—or VAWA—provides a wide range of protections for women facing the threat of violence from domestic abuse. Some aspects of the VAWA program protect immigrants who face abuse while in this country. Specifically, protections under VAWA could allow an abused person to move forward with their visa application without the assistance of the sponsor that abused them.
If you have faced domestic abuse and are struggling with the visa process, now is a good time to seek help from a dedicated immigration attorney. The right legal counsel could assist you with every aspect of a VAWA application in Montgomery.
Self-Petitioning Under VAWA
In order to secure a family-based visa, foreign residents require sponsorship from a close relative that is a U.S. citizen or lawful permanent resident. When a sponsor is also abusive, this dynamic puts non-citizens in a vulnerable position. VAWA provides a foreign resident going through the green card process an opportunity to serve as their own sponsor if they suffered abuse at the hands of a party sponsoring their visa, including:
- A spouse
- A parent
- A child
- A former spouse
Under VAWA, it is possible to self-petition for a green card without the support of the abusive family member. A person self-petitioning in this way must still meet the other eligibility requirements tied to the visa program. A Montgomery attorney could provide an explanation of the VAWA application process and determine whether someone qualifies.
Proving Domestic Abuse
One of the challenging aspects of the VAWA application process is establishing that domestic abuse occurred. A Montgomery attorney could help establish that an applicant for a green card under VAWA suffered physical, emotional, or financial abuse at the hands of their sponsoring family member.
It is vital to build a strong case establishing domestic abuse, and this means providing evidence. Some of the evidence that might sway USCIS into awarding VAWA protection includes the following:
- Bank account records
- Medical records
- Witness testimony
- Police reports
- Text messages
- Therapist notes
It is a good idea for a survivor to document the abuse they suffer as it happens, as this could help an attorney build a strong case for VAWA protection.
The Process of Applying for VAWA Protection
An applicant seeking to self-petition under VAWA must follow a specific process. These rules must be followed to the letter in order to secure this protection. The first step in the process is filing a document known as Form I-360. Along with this form, the applicant must attach as much documentation as they can find proving their allegations of domestic abuse.
Once the form and supporting documentation is received, USCIS will review it an make a final decision. If VAWA protection is awarded, the final step involves the applicant filing Form I-485 which formally requests adjustment of status to lawful permanent residency. In some cases, before this protection is granted, the government will conduct an interview or request additional documentation. A legal professional could help non-citizens in Montgomery compile all necessary evidence and documentation for their VAWA application.
Talk With a Montgomery Attorney About Your VAWA Application
Survivors of domestic abuse should not have to choose between their life in the United States and a life free from abuse. The VAWA program provides life-changing protection for abuse victims, allowing them to petition for a green card without the help of their abusive family member. Call Solano Law Firm today to learn more about the process for VAWA applications in Montgomery.
