Violence Against Women Act “VAWA”
Congress passed the Violence Against Women Act (VAWA) in 1994, which contains a provision for an abused spouse or child of a U.S. citizen or lawful permanent resident to self petition for him or herself rather than rely on the abusive spouse or parent to submit a visa petition on the applicant’s behalf. The policy behind VAWA is to provide qualifying survivors of domestic violence a path to escape violence and obtain legal status in the United States.
What forms of abuse qualify for VAWA benefits?
The standard under VAWA is “battery or extreme cruelty,” which can take different forms, including physical violence or threat of violence, forceful detention, physical or mental injury, or immigration sabotage. Furthermore, acts or threatened acts may demonstrate an overall pattern of battery or extreme cruelty.
Three separate immigration benefits exist under VAWA:
1) The VAWA self-petitioning process is available to a foreign national who has been the victim of abuse by his or her (a) U.S. citizen or permanent resident spouse (or if that spouse has abused the foreign national’s child); (b) U.S. citizen or resident parent (or step-parent); or (c) adult U.S. citizen child. In addition to proving battery or extreme cruelty, a self-petitioner must also demonstrate the relationship to the abuser, residence with the abuser, and a good faith marriage (if based on abusive spouse).
2) A battered spouse or child waiver is available to conditional residents if he or she has been the victim of battery or extreme cruelty.
3) VAWA Cancellation of Removal is available to a foreign national in removal proceedings who can demonstrate battery or extreme cruelty by a U.S. citizen or resident spouse or parent, three years physical presence in the United States, good moral character, and extreme hardship.
What is the VAWA petitioning process?
A VAWA self-petition is filed with the U.S. Citizenship and Immigration Service (USCIS). If the VAWA self-petition is approved, the applicant may apply for adjustment of status to that of a lawful permanent resident if the abuser was a U.S. citizen at the time of approval. If the abuser is not a U.S. citizen at the time of approval, adjustment of status may not be immediately available, requiring the VAWA applicant to wait for a visa number to become available. A VAWA approved applicant may obtain deferred action and employment authorization until a visa becomes available. The self-petitioning process also allows for derivative benefits to qualified family members.
The battered spouse or child waiver is also filed with USCIS. An approval results in the removal of conditions on residency and the granting of permanent resident status in the United States (as opposed to conditional resident status).
VAWA Cancellation of Removal is a form of relief before the Executive Office for Immigration Review. A grant of VAWA Cancellation results in lawful permanent resident status in the U.S. Successful cases also result in benefits to qualified derivative children.
The requirements and procedure for VAWA benefits can be complicated and requires careful assessment. Wilson Law Group has successfully assisted numerous individuals in the United States with VAWA-related applications. We are happy to schedule a consult to discuss this option and your particular situation with you.
To discuss the specifics of your case:
Call us at 678.324-8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Assault, Battery, Criminal, Criminal Defense, Deportation, Deportation Defense, Domestic Violence, Family, Family-Based Petition, Immigration, Moral Terpitude
Avoiding Self-Incrimination
Self-Incrimination- The act of exposing oneself generally, by making a statement to an accusation or charge of crime; to involve oneself or another person in a criminal prosecution or the danger thereof.
If you are a suspect of a crime, your rights and freedom need to be protected. You can accidentally harm or incriminate yourself and damage your case, which can jeopardize your freedom and any formal steps taken by law enforcement. Your rights and your future can be negatively impacted by what you say and what you do. Before speaking with law officials, seek a legal counsel.
According to the Fifth Amendment you have a Constitutional right not to testify against yourself.
In addition to legal help from a criminal attorney, there are other ways to avoid self-incrimination.
- Do not talk to police. Anything you say can be used later against you in court. Remain calm and respectful and listen to your Miranda warnings.
- Do not talk to others about the incident. Statements made to other people may be used during a trial.
If you’re being suspected of a crime, it can be scary. You may be tempted to say something that could ultimately find you guilty of a crime. If you have questions about your rights, contact us immediately. We will ensure that your constitutional rights are being met and help you invoke your Fifth Amendment rights. Don’t’ risk your innocence without qualified legal advice and assistance.
To discuss the specifics of your case:
Call us at 678.324-8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Moral Terpitude
Green Cards for Domestic Violence Survivors and their Children
Green Card for Battered Spouse, Children & Parents
“Our office has assisted many abused spouses to obtain the legal residency using the VAWA (Violence Against Women Act). You can apply for this benefit even if you under deportation and even if you entered the U.S. illegaly.” As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA. Help is also available for battered spouse, child or parents from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224. The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status.
Who is Eligible to File as a Battered Spouse, Parent or Child
- Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Eligibility Requirements for a Green Card as a Battered Spouse under VAWA
You are:
- married to a U.S. citizen or permanent resident abuser or
- your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
- your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
- you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
You:
- have been abused in the United States by your U.S. citizen or permanent resident spouse, or
- have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
- you are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
- entered into the marriage in good faith, not solely for immigration benefits.
- You have resided with your spouse.
- You are a person of good moral character.
Eligibility Requirements for a Battered Child under VAWA
You:
- are the child of a U.S. citizen or permanent resident abuser or
- were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
-OR- You:
- have been abused in the United States by your U.S. citizen or permanent resident parent or
- have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services.
- You have resided with the abusive parent.
- You have evidence to prove your relationship to your parent.
- You must provide evidence of good moral character if you are over the age of 14.
Eligibility Requirements for a Battered Parent
- You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing.
- You have been abused by your U.S. citizen son or daughter.
- You have resided with the abusive son or daughter.
- You are a person of good moral character.
Filing Process for Battered Spouse, Child or Parent
- You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.
- You must file the form with the Vermont Service Center (VSC).
- If you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.
- If your Form I-360 is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States.
Working in the United States If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, see the “Working in the U.S.” link to the right.
Permanent Residence (Green Card) for Battered Spouse, Child or Parent)
If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card.
To discuss the specifics of your case, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.
- Published in Immigration, Moral Terpitude, Uncategorized
Georgia Attorney Explains the Difference Between Assault and Battery
The Difference between Assault and Battery
Assault and battery occurs when an individual uses force or the threat of force which results in the bodily injury or harm of another individual. This does not necessarily have to be intentional nor does it have to be direct. Examples of this would be threatening someone with force, causing them to step into a street and be struck by a vehicle, or commanding a dog to attack them. The difference between assault and battery occurs when the individual is actually touched by the person committing the crime. If this occurs, then the charges are considered battery.
If you or a family member has been arrested for an assault or battery offense, call us at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed defense attorney on your team.
- Published in Assault, Battery, Criminal, Domestic Violence