VAWA Immigration Attorney | Immigration Spurgin
Facing domestic abuse while depending on your spouse or other family member for immigration status can be one of the most difficult and isolating experiences imaginable. Through the Violence Against Women Act (VAWA), certain immigrants who have suffered abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child can self-petition for lawful status, without the abuser’s knowledge or consent.
At Immigration Spurgin, we understand the courage it takes to seek protection and independence under the law. Our VAWA immigration attorney provides compassionate and confidential legal representation to guide you through the process, help you meet the VAWA requirements, and secure your right to live free from fear or control.
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What Is VAWA Immigration?
VAWA immigration offers vital protection for victims of domestic violence, child abuse, or elder abuse who are married to, or the child or parent of, a U.S. citizen or green card holder. This law empowers survivors to apply for immigration benefits independently, without the abuser’s involvement or approval.
The VAWA petition allows eligible individuals to self-petition for permanent residence, work authorization, and eventual citizenship. This is why VAWA is often called the “domestic abuse green card” or “spousal abuse immigration.”
This process not only offers legal status but also restores dignity and control to those who have endured abuse.
What Are The VAWA Requirements?
To be eligible for protection under the Violence Against Women Act (VAWA), certain VAWA requirements must be met, including:
- Relationship to the abuser: You are (or were) married to, the child of, or the parent of a U.S. citizen or lawful permanent resident who abused you.
- Good faith marriage: If filing as a spouse, you must show the marriage was entered into in good faith, not solely for immigration benefits.
- Evidence of abuse: You have suffered battery or extreme cruelty, which may include physical, emotional, psychological, or sexual abuse.
- Good moral standing: You have not engaged in conduct that would make you ineligible for immigration relief.
- Shared residence: You have lived with the abuser at some point.
At Immigration Spurgin, our VAWA immigration attorney works closely with clients to gather documentation such as police reports, protective orders, witness statements, medical records, and personal affidavits. We understand that not all abuse leaves physical scars, and we are sensitive to the unique emotional and cultural barriers that may make reporting abuse difficult.
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The VAWA Petition Process
The VAWA petition process begins when you file Form I-360 with U.S. Citizenship and Immigration Services (USCIS). If approved, you may then apply for a green card if a visa is available.
Here’s what to expect from the VAWA petition process with us:
- Initial Consultation: We evaluate your situation to determine eligibility under VAWA and any additional immigration options available to you.
- Document Preparation: Our team helps you compile supporting evidence and draft compelling personal statements to strengthen your case.
- Filing and Confidentiality: We file your petition confidentially, so the abuser is not notified, ensuring your safety and privacy.
- Work Authorization: Once your case is pending or approved, you may qualify for employment authorization and a Social Security number.
- Green Card Application: After USCIS approval, you may apply for a domestic abuse green card, giving you lawful permanent residence in the United States.
How Long Is the VAWA Processing Time?
The VAWA processing time can vary depending on USCIS workload, the complexity of your case and if the abuser is a U.S. citizen or lawful permanent resident. On average, it can take 12 to 24 months for an I-360 petition to be reviewed, and if approved, the adjustment of status to a green card can add additional time. While the process can seem lengthy, filing a complete and well-documented petition from the start can help avoid unnecessary delays.
What Is Different Between a VAWA Case and U1 Visa?
A common question we hear is: What is different between a VAWA case and U1 visa?
While both forms of relief protect victims of abuse, they serve different purposes:
- VAWA is for victims of domestic violence by U.S. citizen or permanent resident family members and allows for self-petitioning for a green card.
- U1 visas are for victims of certain qualifying crimes, including domestic violence, who assist law enforcement in investigating or prosecuting the crime.
The key distinction is that VAWA does not require cooperation with law enforcement, while the U1 visa does, and, for a U1 visa, the abuser doesn’t need to be a citizen or green card holder, the crime just needs to be committed in the U.S. Depending on your circumstances, one or both options may apply, and our attorneys can advise you on which path offers the best chance of success.
Schedule a Free Consultation With a VAWA Immigration Attorney
Immigration Spurgin is dedicated to protecting the rights of immigrants who have experienced domestic violence. We recognize that family and spousal abuse immigration cases require not just legal expertise, but compassion, discretion, and trust.
If you are a victim of domestic violence, emotional abuse, or spousal cruelty and fear losing your immigration status, you are not alone. A VAWA immigration attorney at Immigration Spurgin is ready to stand by you, protect your rights, and help you secure a safe and lawful future in the United States.
Call us today at 915-285-3840 or contact us online for a free confidential consultation. Together, we’ll take the next step toward freedom, stability, and a life free from abuse.
