Few situations are as distressing as enduring abuse from a spouse or parent, especially for non-citizens who may feel trapped and unsure where to turn. You might worry that speaking out could lead to deportation.
Our compassionate U-Visa attorney is here to provide clarity and support. Federal law gives you a chance to escape your abuser and self-petition for immigration status without the offender’s knowledge or involvement. To do so, you will need extensive proof of the cruelty and your relationship with the person. Contact us today to discuss your situation and how immigration and the Violence Against Women Act (VAWA) in Palm Bay could apply to you.
In 1994, the Violence Against Women Act amended the Immigration and Nationality Act (INA) to add protections for abused, non-citizen spouses and children of American citizens or lawful permanent residents (green card holders). To qualify, children must be unmarried and younger than 21. The protection was later expanded to include abused parents living with adult children.
Individuals in these categories may be eligible to file a self-petition for immigrant classification. If you believe you qualify, it is important to know that involving law enforcement is not always necessary. Because involving the police can be a stressful and difficult experience for those navigating immigration concerns, the law allows for other forms of evidence to establish abuse, including:
You must show in your self-petition that, as a spouse, you entered the union in good faith, the marriage is valid or the divorce occurred less than two years before, and the abuse occurred while you were married and living in the U.S.
Children or parents must prove the relationship to the abuser. Our knowledgeable immigration lawyer in Palm Bay could assess your circumstances and guide you through the process of self-petitioning under VAWA.
Along with submitting a Form I-360 Self-Petition with documentation of the cruelty imposed on you, United States Citizenship and Immigration Services (USCIS) will run a criminal background check using your fingerprints. You must also submit to a medical evaluation.
Certain factors, such as a criminal record involving drugs, weapons, or visa fraud, or if you were previously deported, can disqualify you from permanent residency status. However, in some cases, individuals may still qualify for cancellation of removal through VAWA. Our Palm Bay immigration attorney understands the intricacies of VAWA and could assist you in filing a self-petition.
If you meet the criteria necessary for a VAWA petition, you will be eligible for some public benefits and granted deferred action status. This means you will not be deported, and you will be eligible to work in the U.S.
If you are an immediate relative of a U.S. citizen, once your VAWA petition is approved, you can adjust your status to lawful permanent resident. If your abuser is a lawful permanent resident, you must wait for an immigrant visa to be available prior to applying for permanent residency. You will be able to work during the wait.
If you are a non-citizen living with a spouse, parent, or adult child in the U.S. and are being subjected to extreme cruelty, we may be able to help you.
Federal law permits you to self-petition for lawful permanent resident status if you meet the stringent qualifications. The only way to be sure is to contact Jag Law, PLLC, and schedule a consultation to discuss immigration and the Violence Against Women Act (VAWA) in Palm Bay.