A VAWA attorney can help you seek immigration protection in the event that you’ve experienced brutality or abuse from a qualified U.S. citizen or legal permanent resident spouse or parent.
VAWA can allow those who are eligible to seek relief from immigration without relying on the abusive family member who has been abusive to them.
An attorney can provide you with options, assist in preparing supporting evidence and help you navigate the correct procedure and avoid common filing mistakes .
What Is VAWA Immigration Relief?
VAWA permits certain spouses who are abused and children who are U.S. citizens or lawful permanent residents to submit self-petition and not rely on the family member that is abusive.
Based on your particular situation, VAWA immigration relief may include:
- Self-petition form I-360
- VAWA modification of status
- Work authorization
- A VAWA green card.
- VAWA cancels removal
Who Is Eligible for VAWA Immigration Relief?
VAWA may allow certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to file a self-petition without the abuser’s involvement. Eligibility generally depends on the qualifying family relationship, battery or extreme cruelty, shared residence, and other legal requirements, including good moral character in applicable cases.
How Can a VAWA Attorney Help With Your Case?
A VAWA lawyer can assess your situation, explain the filing requirements, help gather supporting evidence, prepare Form I-360, and address issues that could affect your case.
Common evidence can consist of:
- The proof of the relationship that qualifies
- The evidence of shared housing
- Records of the court or police
- Medical documents
- Personal declarations or Affidavits
- Evidence of moral character
What Happens After Form I-360 Is Approved?
Many applicants wonder what happens once I-360 is accepted. I-360 approval does not automatically mean you will receive a green card. If you meet the requirements you may be able to apply for VAWA adjustment of status Form I-485.
Certain applicants who meet the requirements may be eligible to apply for VAWA work authorization.Your next step will depend on your immigration status and individual circumstances.
What Is VAWA Cancellation of Removal?
If you are in removal proceedings, VAWA cancellation of removal may be available in certain circumstances. Eligibility depends on specific legal requirements, which may include physical presence, battery or extreme cruelty, and good moral character.
Since removal cases can result in severe consequences, you should consult an immigration lawyer before making any decisions regarding your case.
How Much Does a VAWA Lawyer Cost?
There isn’t a fixed VAWA attorney cost. VAWA attorney fees differ according to the amount of complexity involved in the case and the amount of services needed.
Before hiring an attorney make sure you ask if the fee includes only I-360 or I-360 or also covers adjustment of status or work authorization USCIS responses or representation in immigration court.
VAWA Adjustment of Status Checklist
Before you meet the attorney make sure you have the following items in mind:
- Documents for immigration and USCIS notices
- Passport or ID
- Records of marriage or relationships
- Evidence of extreme cruelty or abuse
- Evidence of shared residence
- A good moral character is evidenced by a positive behavior
- Immigration court documents, if applicable
Key Takeaways About VAWA Immigration Relief
VAWA offers important protection for immigrants who are victims of abuse. A VAWA lawyer can help you understand your options, prepare supportive evidence and help you avoid the common filing mistakes.
If you’re considering filing an I-360 adjustment of status, work authorization, as well as cancellation of removal obtaining specific legal advice will aid you in deciding the appropriate next step.
Conclusion
VAWA issues can be complicated especially when immigration or court issues are involved. A VAWA attorney can explain the process and help you determine your eligibility. They may also assist with the preparation of your petition as well as the evidence to support it. Some people may also qualify for cancellation of removal. Since every situation is unique, avoid relying on generalizations. Talk to a reputable immigration lawyer before making a decision.
Frequently Asked Questions
What does a VAWA attorney do?
A VAWA lawyer evaluates your eligibility, drafts necessary immigration documents, gathers evidence to support it, and assists you solve legal issues. If your case involves adjustment to status, or even removal processes an attorney could assist with these related issues.
Can I file VAWA without my spouse’s help?
Yes you can. Eligible VAWA self-petitioners generally can complete Form I-360 without having an harmful qualifying family member who is submitting the petition on their behalf. The requirements for eligibility are based on the relationship of the applicant and other circumstances.
What are the main VAWA petition requirements?
Requirements may include a qualifying family relationship, battery or extreme cruelty, shared residence, good moral character, and other requirements depending on the applicant’s circumstances.
Does an approved I-360 automatically give me a green card?
No. An approved Form I-360 does not automatically make an applicant a lawful permanent resident. Depending on the circumstances, the applicant may need to complete an adjustment of status process or follow another applicable immigration procedure.
Can a VAWA applicant get work authorization?
Certain VAWA applicants may be eligible for employment authorization, depending on their filing category and individual circumstances.
How much does a VAWA lawyer cost?
VAWA legal fees are based on complexity of the case and attorney. Check if the quoted VAWA attorney fees only cover the I-360 or any other application, preparation of evidence, USCIS responses, and court representation.
Can VAWA help someone in removal proceedings?
Potentially. Certain applicants may qualify for VAWA cancellation of removal if they meet the applicable legal requirements. Because removal proceedings can have serious consequences, legal guidance is recommended.
What Is a VAWA Adjustment of Status Checklist?
VAWA adjustments of status are the procedure that allows a qualified VAWA self-petitioner to seek legal permanent resident status in the United States. The eligibility criteria is based on the specific immigration requirements as well as the individual’s personal circumstances.
What should I do after my I-360 is approved?
Following an I-360 approval, consider what steps to take for immigration relates to your particular situation. For certain applicants, this might be filing or continuing with an adjustment of status. The next step to take is contingent on factors like the availability of visas and your immigration history.
Should I hire a VAWA attorney before filing?
Consulting a lawyer prior to filing your application can help especially if your case is complicated and involves a variety of evidence, such as previous issues with immigration, criminal history or removal processes
