If you need a U.S. green card in the United States because of an abusive U.S. citizen or lawful permanent resident spouse, partner, or intimate relationship under VAWA, you may be wondering whether you need to consult an immigration attorney for this process. This guide assists you in knowing the scenarios of where or why you might want to seek professional legal help.
The Law and Its Purpose
The Violence Against Women Act is aimed at improving the response to domestic violence and sexual assault. It supports victim advocates, community organizations, and government agencies. VAWA has an immigration provision allowing abused immigrant spouses and children of U.S. citizens and green card holders to apply for a green card independently, without the abuser’s knowledge.
Safety and Privacy Considerations for Victims
Before tackling the legal aspects of your VAWA application, it’s crucial to ensure your safety and privacy. Here are some essential steps to protect yourself:
- Use devices your abuser cannot access, Public libraries, community centers, or trusted friends’ devices can be good options.
- Enable private or incognito browsing modes to keep your search history private.
- Reach out to organizations like the National Domestic Violence Hotline and RAINN for assistance and resources.
- Familiarize yourself with safe shelters and legal aid services in your area.
The Role of an Immigration Lawyer
Hiring an attorney isn’t compulsory for filing your VAWA application but due to the complex requirements, extensive paperwork, and changing interpretations legal assistance is highly advisable. Here’s why:
- An attorney can help craft a compelling case, ensuring all necessary documents are correctly submitted to convince USCIS that you qualify.
- The VAWA application process can take several months but an attorney can safeguard your paperwork and handle tasks, reducing the risk of your abuser discovering your application.
- Many immigration lawyers offer services at reduced fees or even for free, recognizing the vulnerability of applicants in abusive situations.
Gathering Supporting Evidence
You must provide documentation related to:
- Your relationship with your abuser.
- The immigration status of your abuser.
- Your shared residence with your abuser.
- The authenticity of your marriage.
- The abuse you’ve endured.
- If your abuser controls your identification and personal records or if you have to leave important documents behind, gathering this evidence can be challenging.
How an Attorney Can Assist with Evidence Collection
Attorneys can devise strategies to obtain evidence, even if your abuser is withholding documents.
- Drafting Persuasive Declarations: An attorney can help write declarations from witnesses or individuals with relevant information.
- Organizing Evidence: An attorney will ensure your evidence is organized and presented effectively to USCIS.
- Document Security: An attorney can advise on how to keep your essential documents safe.
- Shielding You from Your Abuser: An attorney can act as a buffer, receiving USCIS notifications on your behalf, and preventing sensitive information from reaching your home.
Dealing with Complications
If you have a criminal record or past immigration issues, an attorney can explore legal exceptions, challenge past findings, and work to preserve your case.
Exploring Alternative Options
If you don’t meet the VAWA criteria, other forms of immigration relief might be available, such as a U visa for victims of serious crimes willing to cooperate with law enforcement. A seasoned immigration attorney can help you explore all potential legal avenues.
Benefits of Hiring an Immigration Attorney
Expert Guidance:
Immigration attorneys specialize in navigating the complexities of immigration law. They can provide clarity on eligibility requirements and help you understand the nuances of the application process.
Document Preparation:
The application requires various forms and supporting documents, including evidence of abuse and proof of relationship to the abuser. An attorney can ensure that all paperwork is completed accurately and submitted correctly, reducing the risk of delays or denials.
Legal Representation:
If complications arise during the application process—such as issues related to inadmissibility or the need for waivers—having an attorney can be crucial. They can represent you in communications with USCIS and advocate on your behalf.
Emotional Support:
The process can be emotionally taxing; having a compassionate attorney who understands your situation can provide both legal support and reassurance during this difficult time.
Avoiding Mistakes:
Mistakes in the application process can lead to significant delays or even denial of your petition. An experienced attorney can help avoid common pitfalls that self-petitioners might encounter
While hiring an immigration lawyer for your VAWA application is not mandatory, it can greatly improve your chances of success. VAWA cases involve complex legal requirements and extensive documentation, making professional assistance invaluable. With options for reduced fees and pro bono services, seeking legal representation can be a crucial step toward safety, independence, and a secure future in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your visa application to the United States straightforward and successful. Whether you’re applying for an Adjustment of Status (Form I-485) or VAWA Self-Petition (Form I-360), we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
