If you are a survivor of abuse and are married to a United States citizen or permanent resident, you may be able to obtain a green card by filing a self-petition under the Violence Against Women Act (VAWA). The VAWA program is a helpful tool for domestic abuse survivors to stay permanently in the United States without the assistance of their spouses. However, petitions can be denied, and there are some common reasons why they are denied.
When filing a petition for a VAWA green card, it is important that you submit the correct forms that are required for the petition. These forms can depend on your status. For instance, if you are facing removal proceedings or if you are facing an adjustment of status based on your marriage, there may be different forms that apply. In addition, you must be sure that the application is filed in the right place, depending on your immigration status.
It is important to submit a complete and correct petition. Sometimes you are unable to obtain the documentation you need because it is in possession of your abuser. An experienced VAWA attorney can help you gather the information you need.
You can apply for a VAWA green card at any time during your marriage or within two years after the date of your divorce from your abuser.
As part of your petition, you must submit information about your relationship to the abuser. You must also prove that your abuser was a United States citizen or permanent resident at the time of the abuse. In addition, you will need documentation demonstrating that you have been abused. There is also a requirement that you submit documentation demonstrating that you are of good moral character. If you fail to submit complete documentation regarding any of these requirements, then your petition may be denied.
If you are applying for a VAWA green card, you may want the help of an experienced immigration attorney who can make sure that your documentation is complete and that you properly prepare your petition. At Serving Immigrants, we have extensive experience with VAWA petitions, and we want to help you. Contact us online or call us at (305) 907-6151 to schedule a strategy session.