The Violence Against Women Act (VAWA) is a critical piece of legislation that protects individuals who have been victims of domestic violence, physical abuse, and mental and emotional abuse in the United States.
However, obtaining lawful status under VAWA is not an easy process. U.S. Citizenship and Immigration Services (USCIS) investigates VAWA cases thoroughly to ensure that the applicant qualifies for protection under the law.
I am Supriya Gill, a lawyer and in this article, we will delve into the process of how USCIS investigates VAWA cases, including the review of the application, collection of evidence, interview process, background check, and adjudication.
We will also discuss the evidence required to support a VAWA petition, the interview process, and the importance of proving good moral character during the background check.
USCIS investigates VAWA-based green card applications which involve several steps. First of all, the application is reviewed by USCIS to make sure it is complete and accurate. The government allows the victims to provide different forms of evidence such as witness letters, recordings, police reports, and school records on a case-by-case basis, with credibility being a crucial factor in proving the validity of claims, as the victims of domestic violence have limited access to evidence.
VAWA applicants need to provide police clearance letters from all the cities and states they have lived to establish a good moral character. If the applicant fails to do so, it can even lead to denial of the petition.
VAWA and green card applications are usually filed together, if VAWA gets approved then the green card interview mainly focuses on biographic information in order to determine the eligibility of the applicant for a green card.
If approved, the applicant may be eligible for a VAWA-based green card.
To know more, read the full article.
How Does USCIS Investigate VAWA?
USCIS (U.S. Citizenship and Immigration Services) investigates VAWA (Violence Against Women Act) cases thoroughly to determine if the applicant qualifies for protection under the law. USCIS follows a specific process to investigate VAWA cases, which typically involves the following steps:
- Review of the application: USCIS first reviews the VAWA self-petition or petition filed by the applicant to ensure that it is complete and accurate.
- Collection of evidence: Victims of domestic violence have limited access to evidence for immigration processes. The government allows various forms of evidence, including witness letters, recordings, police reports, and school records, on a case-by-case basis. Credibility is key to proving the validity of claims.
- Background check: To prove good moral character for VAWA, you need to show that you have no criminal history. This can be done by obtaining police clearance letters from the city/state/locality where you reside. If you have lived in multiple cities or states, you need clearance letters from all of them. If it is difficult to obtain police clearance letters, an FBI background check can be done. Letters from friends or affidavits are not enough to prove good moral character. Failure to prove good moral character can result in a denied VAWA petition, even if all other criteria are met.
- Interview: VAWA and green card applications are typically filed together, with VAWA approved first, followed by the green card application about a year later. The green card interview focuses on biographic information and is not permitted to ask about the previously approved abuse portion. It aims to ensure the applicant is not a security threat, has no health issues, and is not permanently barred from receiving a green card.
- Adjudication: USCIS reviews all of the evidence collected and decides on the VAWA petition. If approved, the applicant may be eligible for a VAWA-based green card.
It is important to note that USCIS takes allegations of abuse very seriously and maintains confidentiality throughout the investigation process.
Evidence Collection in VAWA
The government knows that people who are victims of domestic violence have less access to evidence than other processes of immigration.
Victims of domestic violence usually live under some degree of control from their abusers where they might not have access to get the documents that would prove this abuse. So, the government is lenient and open to different methods of proving the abuse.
Call recordings, text messages, pictures of physical abuse, Police report, and letters from many witnesses, anybody who knows if the abuse or have seen it should write a letter to corroborate the claim. Any records from school, any record that will corroborate the story.
The evidence required is case-on-case basis. The evidence in the VAWA case is very specific to a situation. The main thing is credibility and making sure that the government believes that what you are saying is true.
Interview Process in VAWA
If you qualify for VAWA, usually an application for a green card is also made at the same time as the VAWA application. Usually, the VAWA application is approved first and then the adjudication of the Green card application. VAWA is approved usually without an interview and then the Green Card interview happens about a year after the VAWA is approved.
Yes, there is an interview but the interview does not focus on or discuss the abuse because the abuse portion is already been approved at the time of the Green Card interview. So, the regulations prevent the USCIS officer from asking about the abuse.
The green card interview is focussed on your biographic information to make sure you’re not a security threat to the US, and that you don’t have a health issue. They also focus on your entries exists to see if you’re permanently barred from getting a green card application.
The background check in VAWA
One of the requirements involves that you must have a good moral character. To prove good moral character you need to show that you have no criminal record or any criminal history.
Evidence of good moral character or evidence that you have no criminal records is Police Clearance letters. Police Clearance letters are the letters that you get from the Police department in the city/state/locality where you reside. The Police do a check into their records to see if you have any criminal cases pending, any convictions in the past or anything like that. The best result to get will be to have a Clearance i.e. no criminal records to be found of any criminal convictions or traffic validations.
There are some situations where you have lived in multiple cities. So, if you have lived in multiple cities in the same State then the best thing you want to do is probably go to the State Beaurue of Investigation (SBI) to get that clearance because that will cover the entire State.
1. If you have lived in multiple states
It gets even more complicated if you have lived in multiple states. If you have lived in multiple states within the last 3 years before filing your petition that means you will have to acquire Police clearance letters from all those states that you have resided in within the last three years before filing your petition.
2. If you have lived in another Country
If the three years before filing the petition include you residing outside the country, you will be required to also get the Police clearance letters or Country clearance from outside the country.
You have to be able to get Police clearance to cover the entire three-year period before you’re filing the petition.
There have been situations where USCIS will deny your VAWA petition even if you satisfy the abused criteria, good faith, status of your spouse (the abuser), have shared residency but you cannot prove that you don’t have evidence to support you have a good moral character which includes getting clearance for last three years.
Your case is most likely to be denied. Now, you’re giving the benefit of the doubt whether you give your fee or notice of intent to deny.
Even if you have enough proof of the abuse, you still have to meet all the elements of the VAWA petition.
3. FBI background check
If you have lived in multiple States or even if you haven’t lived in multiple states but it’s going to be difficult or whatever the case may be for you to get clearance letters from a Police department or you’re having difficulty somewhere then you can get the FBI background check. FBI background checks cover the entire nation.
That works if you have been physically present in the United States for the last three years before filing your VAWA petition. It covers the entire country, so, it’s a multi-state check where they can cover. That’s an alternative to getting the local police clearance letters or Municipal clearance letters individually.
If you google the FBI clearance background check, you can always find it. The more information you put in the better all names you’ve used are important. Put in optional information also, if you have it.
Letters from friends and affidavits from friends that know about your good character are fine but it is not enough as far as the petition is concerned to substantiate that burden of proving good moral character. You have to show your criminal record.
Conclusion
The USCIS plays a critical role in investigating VAWA cases and granting protection to victims of domestic violence, abuse, and other qualifying crimes. The process can be complex and time-consuming, but it is essential to ensure that the victim receives the necessary protection and support.
By understanding the investigation process and working closely with an experienced attorney, victims of domestic violence can increase their chances of success in their VAWA cases.
It is crucial to remember that every case is unique and requires careful attention to detail to ensure that the victim’s rights are protected. Overall, the USCIS’s VAWA program offers a vital pathway to protection and a chance for victims to build a new life free from abuse.
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