How can I get a VAWA visa?
VAWA stands for the 'Violence Against Women Act', which was passed by Congress in 1994. One element of this law applies specifically to immigrants who are victims of domestic violence. It allows immigrant victims of abuse to discreetly apply for a green card, without having to rely on their abuser to petition for them.
In an ordinary immigration case, the US citizen spouse has to file a petition with USCIS in order to obtain permanent residency for their foreign partner. In relationships involving domestic violence, however, the participation of the US Citizen spouse is often used as a form of abuse to gain power and control over the victim's immigration status. It is for that reason that the US immigration law allows certain victims of abuse to obtain legal status on their own, without the involvement of the abusing spouse.
As the spouse of a US resident or citizen abuser, you may qualify for VAWA. Even though VAWA has the word 'women' in it, men may still apply for relief under VAWA. Even if you are not the one being abused but are the parent of children that are being mistreated by a US citizen spouse, you may petition under VAWA.
Each case is unique, and it may be difficult to figure out if you are eligible or which option is best for you. The first step you may want to take is to talk to an experienced immigration attorney to discuss your specific case and help you navigate through the petition safely.
We are here for you to help you through this difficult time and fix your papers.
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