Phoenix Violence Against Women Act Attorneys

Protected by VAWA?

The Violence Against Women Act (VAWA) was created in 1994 to combat gender-based violence, primarily by providing U.S. citizen spouses, parents, and children of abusive LPRs (Legal Permanent Residents) or parolees the opportunity to petition for immigration status without the knowledge or consent of the abuser. VAWA helps women and men who have been victims of individual domestic violence or cruelty and who lack the ability to choose a different lifestyle for themselves.

Spouses and children who have experienced violence and cruelty from their U.S. citizen or LPR spouse or children are able to request lawful permanent residence status, while spouses and children who have experienced violence from their U.S. citizen or lawful permanent resident spouse or children can apply for a Battered victim non-immigrant visa.

Contact our VAWA lawyers in Phoenix today at (602) 833-1110 to discuss your case and see if you qualify.

Eligibility Requirements for VAWA Self-Petitions

If you are a victim of domestic violence and would like to self-petition, you may be eligible if you:

• Married a U.S. citizen or an LPR or used to be married to a U.S. citizen or LPR, but your spouse lost their citizenship/status because of domestic violence;
• Believe there was a good-faith marriage to a U.S. citizen or LPR batterer, which was entered into in good faith, but which ended because of abuse;
• Are the child of a U.S. citizen or LPR, who experienced abuse from their U.S. citizen parent;
• Are a spouse or child of a U.S. citizen who died within the past 2 years, and you lost your residence or privilege to work; or
• Are a victim of battery or extreme cruelty by a U.S. citizen or LPR spouse who has not yet been married for 2 years to that spouse, nor has your permanent residence/10 years of LPR status ended, and your residence or privilege to work is at risk due to an ongoing statutory violation or battering/ extreme cruelty.

Timeline for the VAWA Self-Petition

The VAWA self-petition consists of three primary steps:

1. Vawa Case Filing. Submit form I-360. This typically takes about 2-3 weeks.
2. USCIS Review. The first review of your self-petition. This stage typically takes about six months to a year or more in some field offices. A USCIS officer will assess the self-petition and supporting documents during the review. During this time, you will also need to complete a fingerprint appointment.
3. Application Completion. The completion stage is predicated on the USCIS review; this stage typically takes about one to three months. If the first interview isn't enough, you might need to attend multiple interviews. If your I-45 isn't approved, your case may be sent to an immigration court, at which time you will need an attorney to help with this.

What Makes You a Victim?

Those who have been victims of domestic violence can file VAWA petitions based on any of three circumstances. They are as follows.

• Current or former spouse. Any person who is currently married to a U.S. citizen (USC) or an LPR (Lawful Permanent Resident) and has suffered domestic violence can self-petition based on that marriage. A person whose marriage was terminated within two years of its creation due to domestic violence can self-petition as a basis for VAWA petition. A divorced spouse who can prove that he or she was the victim of domestic violence is eligible to participate in a VAWA self-petition based on the battering relationship. An ABUSE ACT may be filed for a spouse if the waiver document was improperly revoked by the government.
• Child of an abusive USC or LPR. Children can self-petition for citizenship regardless of age if they fall into three categories: a child whose life was at risk during a marriage to an abusive USC or LPR (an instance of real or fake violence), a child whose parent lost parental rights (or had full custody when the abusive parent was late in bringing or returning the child to the United States), a child (a step-child) of a U.S. citizen whose additional status was lost due to the domestic violence and who has never filed an endorsement application with the parent stepchild. It may be allowed the child whose parent or stepparent is subject to self-petition can determine whether the adult parent living outside of the United States also meets the requirements to apply and qualify for the same immigrant benefits.
• Current or former spouse. Parent/alien and/or step-parent/alien cannot prove an appropriate relationship between the US citizen or LPR and a child. The time for submission shall extend to two years after the relative's death if the family can demonstrate that the destitution of their age was caused by domestic violence. A household assistant or a home worker who is an LPR and a U.S. citizen's employee who is a US citizen, has suffered domestic violence at the hands of the employer, and has resided in that relationship, is eligible to file a VAWA self-petition.

Benefits of Filing a VAWA Self-Petition

After you finish submitting your VAWA suit, you will receive renewable work authorization documentation to supplement your work. Along with these work documents, VAWA offenders will also receive protection from deportation. This is extremely beneficial because deportation sometimes results in families not only being separated from each other but also losing their reunification capabilities in many countries.

This means that if a person is deported, he will not be allowed to return to the United States to legally reside or work there for 10 years. It's important to note that VAWA doesn't provide direct ways to enter and stay in the country like a green card. However, the law allows victims of domestic violence to request "cancelling the removal". This particular relief can only be sought in immigration court, and qualified applicants must prove several complex legal requirements.

What Is the VAWA Approval Rate of Petitions?

Unfortunately, the truth is that it can be almost impossible to find a VAWA immigration benefit attorney who has dealt with these cases in the best way. Winning a cancellation case is a great victory. Helping a qualified client become qualified to receive these laws can save a complete family from pain and suffering. VAWA laws are generally well-known and respected by most government officials. These law enforcement officers find few cases of misuse.

 It's important to note that VAWA-authorizing the life/work-out-for-a-training / VAWA work permit is recognized by immigration courts. But horizons have broadened in recent years and VAWA has expanded in some cases.

Can an Undocumented Immigrant File for VAWA?

Yes. If you are unlawfully present in the country, VAWA allows you to legally self-petition and pursue VAWA adjustment, even if you are subject to removal. VAWA does not affect the jurisdiction of the Immigration Court. Eligibility for cancellation applies to all qualified immigrants, not just non-immigrants, non-residents, or non-citizens in the United States.

What Is the Difference Between the VAWA Petition and the U Visa Whether It's valid?

Unlike U visa victims, VAWA victims must meet a unique relationship with a U.S. citizen or permanent resident of the United States to qualify for VAWA. U lawyers can only report violations to the government and be helpful in answering the quotas and deadlines in the visa application. VAWA has a much broader perspective, and different types of visas are available to help immigrant victims.

How To Renew Your VAWA Work Permit

1. Fill in your name in the spaces provided on the I-765 identification, date, and expiration form. Provide your case number and your address. Provide your Social Security number in the form and choose (N/A) "Not Applicable" if you do not have an individual.
2. Print the required information, including your work permit application category in Section 1, line (c). For example, if you are in the "A11" qualifying category, write the authorization category for the spouse of a person with an approved VAWA request in writing, the "A12" category can write "A12" authorization for the rehabilitation of a person with an Approved VAWA Petition and the "A" category. 11 if a battered child lacks status and eligibility. Write your alien number in the scenario or analyst section of the scenario or indicate (N/A) "Not applicable". When your lawyer files an application in your name and when applying for a job at work, employers may request your work permit number. The employee must complete certain forms and show proper right-to-work documentation with this number. However, it is not a problem if the employee does not have a work permit number because it is not a standardized form. Not every job will require this information, and employers do not voluntarily comply with strict employment laws when they are identified as employees who are not willing to participate in activities that are not available to them.
3. Propose a more economical mailing address if necessary.
4. If you are applying for work on your own and using a lawyer for assistance, sign and date your I-765 signature letter of introduction. If you use a lawyer to send the I-765 from the law firm, the words "G28a" and "G28b" will be printed on the I-765. If the box is checked, the document authorizes the lawyer to sign and date the power of attorney. The one represented by GG is " DO NOT SIGN OR REWARD THE G-28 IF THE LAWYER REPRESENTS YOU AND THE G28B has been reviewed before inclusion in this section. Law firm] that they can claim a third party" as their agency for payment and manage funds for every work that they file for because they have power of attorney. The company's check was approved and the invoice was paid. Once your application is approved, collect the money from the company and send it to your lawyer.
5. Complete the 1-765 full form.
6. Sign in the space provided and date the form.
7. Submit the I-20 G-1145 with the I-766 application so that your immigration attorney can identify you as the person who filed the application, based on the version of the case when you filed your request, and can view the information and verify the authenticity of the form. This way, you don't have to wait for a written confirmation that your agent has received it.

Our VAWA attorneys in Phoenix are here to help you. Contact IBF Law Group today to schedule a consultation with our VAWA lawyers. Call (602) 833-1110 now.