When applying for a VAWA green card in the United States, it’s important to be aware of the potential consequences if your Form I-360 is denied because while it offers a path to lawful permanent residence for abuse survivors, VAWA Green Card Denials can sometimes lead to removal proceedings. This guide will explore the factors that could lead to such outcomes and how to manage them.
Understanding VAWA and Its Purpose
The Violence Against Women Act protects abuse survivors, including those who have suffered physical violence or emotional cruelty and it allows eligible individuals to apply for a green card, giving them LPR in the U.S. but it’s important to recognize that a denied application can result in significant immigration challenges.
The Risk of Filing Forms I-360 and I-485 Together
Some VAWA applicants, especially those married to U.S. citizens, might choose to file both Form I-360 and Form I-485 which is an Application to Register Permanent Residence or Adjust Status, simultaneously to streamline the process but this approach carries a substantial risk: if both applications are denied, it can trigger removal proceedings. Immigration authorities will review your legal status, and if you lack lawful immigration status, you could face deportation.
The Impact of Criminal History on VAWA Applicants
Even if you didn’t file Form I-485 concurrently with Form I-360, USCIS can access your criminal record during the application process. Extensive or serious criminal offenses might result in removal proceedings, despite VAWA eligibility being primarily based on abuse suffered. USCIS can use your criminal history as a reason to initiate deportation if your application is denied.
The Consequences of Misrepresentation in VAWA Applications
If USCIS determines that you intentionally provided false information on your VAWA-related or other immigration applications, you could be charged with fraud, leading to deportation proceedings. It’s crucial to be truthful and accurate when completing immigration forms. If you suspect there are errors in your application, address them with USCIS to avoid potential fraud allegations.
Immediate Removal for Previously Deported Individuals
If you have previously been deported from the U.S. and returned unlawfully, or if you were ordered deported but never left, VAWA Green Card Denials Form I-360 can result in immediate deportation without a Notice to Appear (NTA) or a hearing before an immigration judge. In such cases, it’s strongly advised to consult an experienced immigration attorney before filing Form I-360, as immediate removal is a significant risk.
Seeking Legal Guidance for VAWA Applications
Given the complexities of VAWA applications and the potential consequences of denial, seeking legal guidance is highly recommended. An experienced immigration attorney can help you navigate the process, ensure accurate and truthful submissions, and provide essential advice on mitigating risks.
While VAWA offers crucial protection and a path to lawful permanent residence for abuse survivors, there are risks associated with the application process, especially if your application is denied. To maximize your chances of success and avoid removal proceedings, consult with an immigration attorney who can provide tailored guidance for your unique situation.
