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.
Common Reasons for VAWA Green Card Denials
Incorrect Forms and Documentation
Submitting the wrong forms or failing to include necessary documents can lead to denial. Each case may require different forms based on individual circumstances, such as prior immigration history or the status of the abuser12.
Inaccurate Information
Errors in personal information (names, dates, etc.) can result in discrepancies that may cause an application to be rejected. Consistency with previously filed applications is essential23.
Insufficient Evidence of Abuse
Applicants must provide compelling evidence of abuse, including personal declarations, medical records, police reports, and witness testimonies. Lack of sufficient proof can lead to denial12.
Failure to Demonstrate a Bona Fide Marriage
It is necessary to prove that the marriage was genuine and not entered into solely for immigration benefits. Inadequate evidence of a legitimate relationship can result in rejection23.
Non-compliance with Residency Requirements
Applicants must show that they lived with their abuser at some point. Failure to meet this requirement can lead to denial1.
Criminal History and Inadmissibility
Serious criminal records or prior immigration violations can render an applicant inadmissible under U.S. law, impacting their eligibility for a green card14.
Missing Deadlines and Appointments
The VAWA process includes various deadlines for submitting documents and attending appointments (like biometrics). Missing these can result in automatic denials23.
Misrepresentation or Fraud
Any attempt to misrepresent facts or submit fraudulent information will likely lead to denial and potential legal consequences
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.
Solutions to Avoid Denial
- Consult with an Immigration Attorney: Engaging a lawyer experienced in VAWA cases can help ensure all forms are completed correctly and that all necessary documentation is submitted.
- Thoroughly Document Evidence: Collect and organize all relevant evidence of abuse and the legitimacy of the relationship before filing.
- Double-check Forms: Ensure that all information is accurate and consistent across all documents submitted.
- Stay Informed about Deadlines: Keep track of all deadlines related to appointments and document submissions.
- Address Criminal Issues: If there are concerns regarding criminal history, consult legal counsel about potential waivers or remedies.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your application straightforward and successful. Whether you’re applying for an Adjustment of Status (Form I-485) or U Visa, 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.
