Victims of domestic violence face unique challenges when it comes to seeking legal status in the United States. One option available to them is applying for a green card through the Violence Against Women Act (VAWA), which was enacted in 1994 to provide protection and assistance to victims of domestic violence.
In this article, we will explore the question “Is It Easy To Get Approved For VAWA?”, challenges that VAWA petitioners face and discuss common reasons why a VAWA application may be denied.
Although acquiring a green card through VAWA requires only two easy steps, what makes it quite challenging is producing substantial evidence regarding both the petitioner and the abuser. To successfully file a VAWA petition, the petitioner must establish critical aspects such as the nature of their relationship with the abuser, the abuser’s immigration status, evidence of abuse, and whether they lived with their abuser in the case of a legitimate marriage.
To know more, read the full article.
Is It Easy To Get Approved For VAWA?
Acquiring a green card through VAWA involves only two steps, but it is a difficult process that requires ample evidence regarding both the petitioner and the abuser.
The petitioner must establish several key aspects, including their relationship with their abuser, the abuser’s immigration status, whether they lived with their abuser if their marriage was legitimate (if applicable), and the occurrence of abuse.
Obtaining the necessary documentation can be a challenge for abused immigrants, particularly if the abuser withholds important documents or if the immigrant has left them behind while fleeing the abusive situation.
Thankfully, USCIS acknowledges the difficulty of obtaining evidence and allows for less formal types of evidence, such as signed declarations, time logs, and letters, to be presented in situations where official documentation is lacking.
Reasons why a VAWA application may be denied
There are several common reasons why a VAWA petition may be denied:
- Submitting incorrect forms: The specific forms you need to submit depend on various factors, such as your relationship with your abuser, your immigration status, and whether you have children. Make sure you use the correct forms to avoid delays or denials.
- Providing incorrect information: Victims of abuse may not have all the necessary information about their abuser. An experienced immigration attorney can help you gather the information you need to file a successful VAWA petition.
- Submitting the application to the wrong place: Each application must be filed at a specific location, depending on factors such as the abuser’s immigration status and the type of courier service used.
- Missing the filing deadline: You can file a VAWA application while still married, within two years after your divorce, or if your spouse is deceased or lost their citizenship or lawful residence status due to domestic abuse.
- Submitting insufficient documents to establish the relationship with your abuser: USCIS requires proof of your relationship with the abuser, and an experienced attorney can help you determine which documents you should submit.
- Submitting insufficient documents to establish battery or extreme cruelty: USCIS requires proof of battery or extreme cruelty, which can be difficult to prove. Examples include intimidation, economic abuse, social isolation, sexual abuse, immigration-related abuse, and harassment.
- Failing to prove other VAWA requirements: In addition to establishing the relationship and type of abuse, you must also prove that the abuser is a U.S. citizen or Green Card holder, that you were in the U.S. when the abuse occurred, the severity of the abuse, and that you have good moral character.
- Hiring a non-attorney or unqualified attorney: It’s essential to work with a licensed and experienced attorney who specializes in these types of cases.
- Missing appointments and deadlines: An experienced immigration attorney can help you stay on track with your application, ensuring you don’t miss any deadlines or appointments.
- Not being prepared for the marriage interview: It’s crucial to prepare for the VAWA interview, and an experienced attorney can help by providing sample questions and advising you on additional documents to bring to the interview.
VAWA Application Challenges
Some VAWA petitioners may face difficulty proving their abusive spouse’s immigration status in a documentary challenge. While the requirement can be easily fulfilled with the right documents, such as a U.S. passport, “green card,” U.S. birth certificate, or certificate of naturalization, obtaining them can be challenging.
This is especially true in relationships where the abusive spouse had exclusive access to legal documents.
For clients still residing with the abuser or who have access to shared property, it is strongly advised to take the risk and try to capture a photo of a passport or birth certificate with a camera or smartphone before leaving.
If that’s not possible, and contacting the spouse for the information isn’t an option, there are other ways to overcome this hurdle.
For example, providing the abuser’s social security number and, if possible, an alien number, may help the government confirm their status.
Alternatively, submitting a FOIA request to obtain some form of citizenship/residency document is also an option. If these methods fail, a petitioner may need to hire a private investigator to locate something that satisfies the requirement.
Since each case and strategy for obtaining these documents is unique, it’s advisable for those facing an evidentiary hurdle to work with an attorney who has experience with this type of case.
Conclusion
While the VAWA process for obtaining a green card can be challenging, it is not impossible.
The key to success is to work with an experienced immigration attorney who can guide you through the process and help you gather the necessary evidence to support your case.
It’s important to remember that USCIS understands the challenges victims of abuse face and provides some flexibility when it comes to presenting evidence.
By avoiding common mistakes and being well-prepared for each step of the process, you can increase your chances of getting approved for VAWA and starting a new life free from abuse.
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