The VAWA (Violence Against Women Act) program is an incredibly impactful form of immigration authorization that grants protection to the survivors of domestic abuse. The permit offers a path towards legal permanent residency (LPR) status for anyone who can navigate the application process and provide detailed evidence of their mistreatment.

The procedure itself can be confusing, so it is important for anyone interested in the program to learn about the intricacies and details of the VAWA application in Doraville. A knowledgeable attorney could explain more about how the petition works and answer any remaining questions you might have.

Background Checks and Fingerprints During the VAWA Process

One crucial and potentially stressful step of the VAWA application includes navigating a background check and submitting fingerprints. Generally speaking, this process begins after submitting an initial application. One a foreign national files their petition, they will usually receive a notice in the mail giving them the time, date, and location for their biometrics appointment. For this appointment, a domestic abuse survivor should be sure to bring any relevant form of identification.

During the background check, Citizenship and Immigration Services (USCIS) will take a VAWA applicant’s fingerprints and use them to determine whether this person is linked to any previous criminal activity that would be viewed as a threat against the U.S. For instance, aggravated felonies, controlled substance crimes, and acts of violence might disqualify a VAWA applicant.

Meanwhile, fingerprint readings also serve to link an applicant’s petition to them as a person; functioning as a way to tell whether the individual has any history of lawful or illegal immigration. If a VAWA applicant has any additional questions about why fingerprint reading is part of the process, an attorney in Doraville could be the ideal ally.

Submitting Additional Evidence if Necessary

In some situations, USCIS might request that a VAWA applicant submit additional evidence and documentation to keep their application in consideration. When this happens, the agency will reach out to a domestic abuse survivor and issue a formal request for evidence. The organization usually explains what they believe is missing from an application and outlines how long the applicant has to send over this additional information.

When it comes to responding to these requests for supplemental information, a VAWA petitioner can mail the required documents. If they work with an attorney, their legal representation could include a cover letter that explains which additional paperwork is included and argues why the new information should meet the application’s burden of proof.

If someone pursuing VAWA protection has questions about why USCIS requested additional documentation, a detail-oriented lawyer in Doraville could analyze the request for evidence and determine how to respond to the agency.

Handling Rejected VAWA Applications

A rejected VAWA application can be disheartening for someone who needs timely protection from further domestic abuse. Unfortunately, if USCIS does not grant someone’s application, the petitioner will not be eligibly to adjust their status.

In some cases, a foreign national might be subject to deportation after their VAWA application is denied. For instance, if they have no visa or permit that allows them to remain in the U.S. lawfully, they might not have any protection from removal.

However, in some cases, USCIS might refer a VAWA applicant with a rejected application to a local immigration court. There, the petitioner might be able to contest removal. This process can take years to play out and might be incredibly challenging for an unrepresented immigrant.

Reopening Applications or Applying for VAWA Again

If someone had their VAWA application rejected but was referred to an immigration court, they might be able to reopen their petition. However, they need to do this within a certain timeframe, which differs depending on the circumstances and is usually listed in a USCIS notice.

Meanwhile, applying for VAWA again is possible if new facts or evidence appear that might change USCIS’ position. A tenacious attorney in Doraville could help a VAWA applicant with a rejected petition determine if their case can be reopened or if a second application is an option.

Contact an Attorney about the Doraville VAWA Application Details

Since applying for the Violence Against Women protection is a complicated and time-consuming endeavor, it is usually best handled with the assistance of a dedicated legal representative. Any foreign national without personalized guidance might encounter roadblocks or a rejected petition.

If you recently learned about this immigration status and are wondering whether it is right for you, a seasoned lawyer could discuss the details of the VAWA application in Doraville. Call our office today to get started on your case.