We Can Help You Fight Deportation And Become A Permanent Resident even if you have been the victim of violence either physical or mental abuse

As a victim of mental or physical abuse , you may feel that you have no where to go and remain forced to to live with your U.S. citizen or permanent resident spouse.

Due to your lack of  valid immigration papers, you might think there is no way out.

The abuse takes many forms.

For instance:

• Perhaps your permanent resident spouse physically beats you, doesn’t allow you to have any friends, and refuses to file immigration papers to petition you for a green card.

• Maybe your U.S. citizen spouse divorced you yet continues to call you mean insulting names, won’t give you any child support, and threatens to call the police to deport you.

• Or as the oldest child, you have watched your legalized parent physically or verbally attack your mother as well as verbally and emotionally mistreat you and your younger brother or sister.

However severe the domestic violence you’ve experienced, you don’t need to give up.

With or without your spouse, there are options to help you and your children.

With or without your spouse, you can fight removal proceedings.

With or without your spouse, you can become a lawful permanent resident.

Winning Your VAWA Case Is Not Easy…Hiring A Lawyer Is Often Necessary!

Violence Against Women Act cases are a unique type of immigration law.

Although it is based on a family relationship, you can file for immigration benefits without a family member to sponsor you.

More often than not, trying to do this on your own is a bad idea.  One mistake can ruin your chance for success. If you lose, you may be placed in immigration court to face deportation charges.

Domestic violence is not easy to discuss for most victims.

But if you have been abused, in order to win, you need to present your case with careful detail.  You cannot afford to hold back the truth.

Because your paperwork has to be accurately prepared – and your evidence strongly laid out – you need to find an immigration attorney who makes you feel comfortable when you share painful moments you’d rather forget.

How VAWA Helps Immigrant Spouses And Children Trapped In A Storm Of Abuse

If you’re a battered or abused immigrant, you can seek benefits in three distinct ways.

• Self-Petitions For VAWA Green Cards – VAWA is a special program that allows you to file a self-petition, based on your family relationship, to obtain green card benefits on your own without your abuser’s consent

• Immigration Court Deportation Defense – You can use special VAWA Cancellation of Removal rules to fight against removal proceedings at immigration court hearings

• Modify Conditional Residency Status – You can independently seek to remove the restrictions on your green card status, if your spouse abandons you before the two-year limit on your conditional permanent residency status expires.

In addition, if your self-petition is approved, you can obtain a work permit – while you’re still waiting for your VAWA interview to become a permanent resident.

Who Is Eligible To Self-Petition For VAWA?

Although VAWA stands for the Violence Against Women Act, its protection is not limited to immigrant women.

The following persons are eligible to file self-petitions under VAWA:

• Abused or battered spouses of U.S. citizens or lawful permanent residents.  This includes abused or battered male spouses.

• Spouses of U.S. citizens or lawful permanent residents who are not abused, but whose children are abused.

• Abused or battered male and female children of U.S. citizens or lawful permanent residents.

Don’t Let These Common Misconceptions Prevent You From Filing For VAWA

Quite often, victims do not file VAWA applications because they are misinformed about its requirements.  Here is a list of the most common misconceptions about VAWA cases:

• VAWA benefits are only available to women. This is incorrect. Males and children (including male children) can seek protection under VAWA.

• The abuse must be physical. Not true. Although physical harm and battery are strong indicators of domestic abuse, many victims qualify each year for VAWA benefits based on primarily psychological victimization.

• There must be a police report to seek VAWA protection. Although police reports, restraining orders, hospital records, and victim counseling treatment are important evidence to demonstrate domestic violence, they are not required to file or prove eligibility for a favorable grant of VAWA benefits.

• VAWA applicants need to be divorced. Victims do not need to divorced or separated to file a Violence Against Women Act application. In fact, a divorce can undermine a victim’s eligibility for benefits under VAWA in some cases.

Don’t let these misunderstandings deter you from applying for VAWA.

While your VAWA application is being processed, you have the right to stay with or leave the abuser.  It’s your decision, and your decision alone.  Without pressure from your spouse or parent.

The whole process is completely confidential and private.

If you use the services of a VAWA immigration lawyer, the government will not contact you directly.  Your abusive spouse – or ex-spouse – will never be told about your VAWA petition.

WHAT FORM IS USED

If eligible, Form I-360 Self-Petition (VAWA petition) is filed with supporting documentation. There is extensive evidence that must be gathered including evidence of battery/abuse/extreme cruelty and proof of the qualifying relationship to the abuser. Immigrants who can establish the basic requirements outlined below will be given a “prima facie” determination and then be eligible for certain public benefits. If the VAWA petition is approved, the immigrant is granted deferred action status in most cases. Deferred action means that removal, or deportation, proceedings will not be initiated. Applicants are also eligible for work authorization upon approval of their VAWA petition.

Once the VAWA petition has been approved, immigrants are classified into categories based on a preference system. Self-petitioners who are immediate relatives of U.S. Citizens (spouses, parents, unmarried children under the age of 21) are eligible to adjust status to a lawful permanent resident status when their VAWA petition is approved. Spouses and children of lawful permanent residents must wait for an immigrant visa to become available for their category. These petitioners will be able to obtain work authorization until they are eligible to apply for permanent residency.

The process to apply for lawful permanent residence includes a criminal check by fingerprinting and completion of a medical exam. Applicants might be barred from permanent residency if they have a record of involvement with drugs, prostitution, or other crimes, if they committed visa fraud, were previously deported, or have certain other “bad marks” against them. Waivers are sometimes available for criminal or immigration issues but intending immigrants with these complications are advised to have their cases reviewed by an immigration attorney. Battered spouses or children of U.S. citizens or permanent residents who are the subjects of deportation proceedings may also be eligible for this form of relief through VAWA cancellation of removal.

Many immigrant victims of domestic violence do not think they qualify for VAWA protections and benefits.

For instance, you may have been told only battered immigrant women can win a VAWA grant of permanent residence.  This view is wrong.

Under VAWA, you can also win if you have been subject to extreme cruelty.

Let’s take a look at some examples of extreme cruelty:

Social Isolation

• Limiting you from the use of the telephone
• Making you dependent on the abuser for transportation
• Preventing you from visiting or speaking with family members
• Prohibiting from letting you work, go to school, or learn English

Economic Control

• Controlling all the money, credit cards, and bank accounts
• Not giving you any money to spend without permission
• Keeping your name off bank accounts, rental agreements, and utility bills

Emotional Abuse

• Calling you names and putting you down in front of other people
• Making you feel guilty about the children when they act up
• Opening and reading all your mail before giving it to you
• Questioning the kids about what you did all day while the abuser was at work

If  you have been mistreated in these types of ways, you have a chance to win VAWA benefits.

Of course, documenting such facts is difficult.

It is not uncommon for immigrant spouses to submit police reports and divorce court records in hostile  breakups hat have the opposite effect they intended.

This is why you may need professional assisrance to help gather, organize, and present the proof required for success.

Whether your VAWA case is reviewed by an immigration officer or an immigration judge, the hiring of an experienced immigration VAWA attorney is the best way to ensure you put together the right evidence to win.

Do You Need An Immigration Attorney To Help You File For VAWA And Gain Freedom From Your Abuser?

Your decision should be based on your knowledge of immigration regulations, your ability to prepare the evidence required for success, and your inner strength to push forward even if the government challenges the authenticity of your claims.