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.
A Common Dilemma
Imagine you came to the U.S. to marry someone you had been communicating with for months and after the marriage, your spouse began abusing you, taking control of your visa, and threatening deportation if you left. The abuse escalated, leading to physical harm, such as being thrown down stairs and suffering a broken arm. Now, fearing for your safety, you’re unsure about your options in a country that has become your home.
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.
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.
