Serving Abused Family Members in Marion & Polk Counties, and Throughout Oregon and the Pacific Northwest Since 2009
Family-based immigration law allows U.S. citizens and green card holders to file petitions for noncitizen relatives. However, in some situations, petitioners may abuse these family members with threats to withhold their petitions. This amounts to domestic violence against noncitizens using intimidation or coercion.
No one should have to endure domestic violence, fear reporting it, or face the threat of having their green card petition withheld as a form of domestic abuse. Fortunately, the Violence Against Women Act (VAWA) provides essential protections for survivors of domestic violence, abuse, or assault of either gender who are seeking to escape abusive situations.
VAWA allows eligible individuals to self-petition for legal status without needing the cooperation of the abusive family member. VAWA signifies a crucial step towards ensuring safety and justice for those subjected to violence.
If you need VAWA protection assistance, you can turn to Affordable Immigration. Our team is here to advise and guide you through the legal process with care, compassion, and professional skill. With over 50 years of combined experience, we are well-equipped to help you achieve safety, stability, and the opportunity to seek a better life under U.S. immigration law.
Book a free initial consultation with a Salem VAWA attorney at Affordable Immigration by calling (971) 308-5892 or using our online contact form. Hablamos español.
VAWA Protections
Those seeking VAWA protections are identified as VAWA self-petitioners. VAWA offers numerous crucial benefits, including protection from deportation, the ability to apply for work authorization, and access to certain public benefits. Those who successfully self-petition under VAWA may eventually apply for lawful permanent resident status (green card), providing a pathway to a secure and independent life in the U.S.
Who Is Eligible for Protection Under VAWA?
Those who are eligible to self-petition for VAWA protection include:
Spouses who are subjected to abuse by their U.S. citizen or lawful permanent resident husband or wife. You can also file if your unmarried children under 21 have been abused and have not filed.
Children under 25 who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident parent; they may include their children.
Parents who have been abused by a U.S. citizen’s son or daughter.
“I was a stranger, and you took me in… then the righteous answered him, saying Lord… when saw we thee a stranger and took thee in?
Verily I say unto you, inasmuch as you have done it to the least of these my brethren, ye have done it unto me.”
- Matthew 25:36-40
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Petitioning for protection under the Violence Against Women Act (VAWA) involves several vital steps to ensure eligibility and secure legal status:
Documentation: Collect evidence supporting your relationship with the abuser, such as marriage certificates, birth certificates, or other relevant documents. Gather proof of abuse, which could include police reports, medical records, affidavits from witnesses, or any other supporting documentation that demonstrates the abusive situation. Additional information can include documentation showing your good moral character, like employment certification or character references.
Required forms: Fill out Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is critical for individuals seeking to self-petition for VAWA protection.
Personal declaration: Write a personal statement detailing the abuse experienced. This declaration should offer a clear and honest recounting of the incidents, establishing both the abuse and its impact on you.
Submit the petition: To submit the petition to the United States Citizenship and Immigration Services (USCIS), you must complete Form I-360 and submit it along with the gathered documentation and your personal statement.
Await USCIS decision: After submission, USCIS will review the petition and supporting evidence. This phase involves waiting for the official determination of your eligibility and the approval of your petition.
Seek legal assistance: Engage an experienced immigration attorney to guide you through the process for correct preparation and presentation of all documents, enhancing the likelihood of approval.
Each of these steps is vital in navigating the VAWA petition process efficiently and effectively, providing a pathway to safety and legal independence for abuse survivors.
Different forms of abuse can qualify an individual for relief. These include:
Physical abuse: Any form of physical violence, such as hitting, slapping, or any other form of bodily harm.
Emotional or psychological abuse: This includes threats, intimidation, manipulation, or any behavior that causes emotional distress or mental harm.
Sexual abuse: Any non-consensual sexual act or behavior.
Economic abuse: Controlling access to financial resources, employment, or other economic means to exert power and control.
Extreme cruelty: This can include a range of behaviors that are not necessarily physical but are considered abusive, such as isolation, humiliation, or other forms of severe mistreatment.
You do not need to report the abuse to law enforcement to qualify for VAWA. The petition focuses on the evidence you provide to establish that you have suffered abuse or battery. This respect for privacy is critical to allowing you to seek relief without additional trauma.
Why Hire Affordable Immigration?
Our trusted team is committed to safeguarding your privacy and helping you collect the necessary evidence to strengthen your case. We work to make submissions timely and complete, alleviating the stress of managing legal procedures on your own. As your steadfast advocates, we strive for positive outcomes that empower you to reclaim your life with dignity and security.
Contact us today at (971) 308-5892 to learn more about how our Salem VAWA attorney can assist you on your journey to protection and legal independence.
