VAWA Attorney Worcester MA
At Cameron Moore Law, we stand with survivors of domestic violence, abuse, and cruelty. The Violence Against Women Act (VAWA) provides a crucial pathway for victims to seek safety and legal status in the United States without relying on their abuser. Our team is here to support you in filing a VAWA petition, helping you regain control of your life and secure a safe future.
What Is VAWA?
The Violence Against Women Act (VAWA) is a federal law that allows certain victims of abuse to self-petition for legal status in the United States. VAWA is designed for spouses, children, and parents of U.S. citizens or lawful permanent residents who have suffered domestic violence, battery, or extreme cruelty. The law enables these individuals to apply for a green card without the knowledge or consent of their abuser, protecting them from further harm or retaliation.
To qualify for protection under the Violence Against Women Act (VAWA), applicants must meet specific criteria. Firstly, the relationship to the abuser is a key factor. The applicant must be the spouse or former spouse of a U.S. citizen or lawful permanent resident who has suffered abuse during the marriage. Alternatively, the applicant could be the child (unmarried and under 21) of an abusive U.S. citizen or lawful permanent resident parent, or the parent of an abusive U.S. citizen who is 21 or older.
Additionally, proof of abuse is necessary. Applicants must provide evidence of having endured battery or extreme cruelty by the U.S. citizen or lawful permanent resident family member. Good moral character is also required, generally meaning the applicant should not have serious criminal convictions or other disqualifying factors. For spouses, it must be shown that the marriage was entered into in good faith and not solely for immigration benefits.
The VAWA Self-Petition Process
The process of applying for protection under VAWA involves several steps. It begins with filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is used to establish eligibility for VAWA relief and to provide evidence of the abusive relationship, good moral character, and other required factors. Applicants must also submit supporting evidence, including police reports, medical records, affidavits from witnesses, and any other documentation demonstrating abuse and their qualifying relationship.
If the I-360 petition is approved, the applicant may be eligible to apply for work authorization using Form I-765 and proceed with adjusting their status to a lawful permanent resident by filing Form I-485. After the VAWA petition is approved, eligible applicants can file for adjustment of status to become a lawful permanent resident. Those already in the U.S. may remain while their application is pending.
Benefits of VAWA Protection
VAWA provides several key benefits to survivors of domestic violence. It allows survivors to file for immigration status independently of the abuser, reducing the risk of further harm. Applicants may become eligible for work authorization while their VAWA petition is pending, which enables them to support themselves financially. Additionally, approved VAWA applicants can apply for a green card, providing stability and security as lawful permanent residents in the U.S. They may also access certain public benefits, such as housing assistance or food programs, depending on their circumstances.
Challenges in the VAWA Process
Navigating the VAWA self-petition process can present several challenges. One major hurdle is providing sufficient evidence of abuse and the qualifying relationship, which can be difficult if documentation is limited or if the applicant fears speaking out. Establishing good moral character can be complex for those with minor criminal records or other issues. Moreover, the legal procedures involved in the VAWA process can be overwhelming without experienced legal guidance.
Contact Us Today
If you have questions or need assistance with the VAWA application process, please do not hesitate to reach out. Our team is here to provide support and guidance every step of the way. Contact us today to schedule a consultation and get the help you need to navigate this important process.
