Navigating the U.S. immigration process can be daunting, especially for individuals applying for a green card under the Violence Against Women Act, and knowing the specific waivers and exceptions available. This guide will explore how the applicants can overcome various grounds of inadmissibility, making it easier to achieve legal status and move past the barriers they face.
Understanding Inadmissibility
Certain applicants can be deemed inadmissible, preventing them from obtaining visas, green cards, or entry into the U.S. and reasons for this include criminal records, visa fraud, and health-related issues. While these rules apply broadly, VAWA applicants can access special waivers and exceptions due to their unique circumstances.
Overcoming Bars to Adjustment of Status
To adjust their status and obtain a green card through U.S. Citizenship and Immigration Services, applicants must have entered the U.S. legally and maintained lawful status. However, VAWA applicants can apply for adjustment of status even if they entered without inspection, worked without authorization, or fell out of lawful status. This significant exemption under the Immigration and Nationality Act (I.N.A.) simplifies the process for VAWA petitioners.
Addressing Unlawful Presence
A common reason for inadmissibility is unlawful presence in the U.S. for six months or more. VAWA applicants can often bypass this issue by showing a connection between their presence and the abuse they suffered. This allows them to adjust their status without needing to leave the U.S. For those outside the U.S., it might still be possible to claim an exception to the three- and ten-year bar if they can link the abuse to their departure. Consulting an experienced VAWA attorney is recommended to navigate this exception.
Dealing with Permanent Bar or Reentry After Removal
Reentering the U.S. unlawfully after removal or spending more than a year in the U.S. unlawfully typically results in permanent inadmissibility. VAWA self-petitioners can apply for a waiver by showing a connection between the abuse and their removal, departure, or reentry. This provision under I.N.A. § 212(a)(9)(C) offers relief for VAWA applicants facing such challenges.
Exemption from Public Charge/Affidavit of Support Requirement
Usually, green card applicants must prove they won’t become a public charge, often requiring an Affidavit of Support. VAWA applicants are exempt from this requirement under I.N.A. § 212(a)(4)(E), acknowledging their unique circumstances and need for protection.
Handling Visa Fraud or Misrepresentation
Applicants who obtained a visa or immigration benefit through fraud or misrepresentation are generally deemed inadmissible. VAWA applicants can apply for a waiver, except in cases of pretending to be a U.S. citizen. They must show that they or their family would suffer “extreme hardship” if the waiver isn’t granted, a consideration specific to VAWA cases.
Overcoming Health Grounds of Inadmissibility
All visa and green card applicants, including VAWA petitioners, may seek a waiver if they have public health-significant diseases. VAWA petitioners don’t need to prove a relationship to a qualifying relative for this waiver, simplifying the process under I.N.A. § 212(g).
Addressing Criminal Grounds of Inadmissibility
VAWA applicants can apply for a waiver for certain criminal acts, such as crimes of moral turpitude and multiple convictions. Unlike other applicants, they don’t need to show that a qualifying relative would suffer extreme hardship if denied. Instead, they must demonstrate good moral character, often by linking the abuse to their criminal activities.
In conclusion, VAWA applicants benefit from various waivers and exceptions that address the unique challenges they face as abuse victims. These provisions help them navigate the immigration process more easily and pave the way to obtaining legal status in the U.S. Consulting with an experienced immigration attorney is highly advisable to ensure eligibility and successfully overcome any grounds of inadmissibility.
Special Waivers and Exceptions for VAWA Applicants
1. Criminal Waivers
VAWA applicants can apply for waivers related to certain criminal acts, including:
- Crimes of moral turpitude
- Multiple criminal convictions
- Simple possession of marijuana (30 grams or less)
- Prostitution and commercial vice
To qualify, applicants must demonstrate a connection between their criminal behavior and the abuse they suffered, which may indicate they are of good moral character despite their past actions.
2. Unlawful Presence
Typically, individuals who have accrued unlawful presence face bans from re-entering the U.S. However, VAWA applicants can be exempt from these bars if they can show that the abuse they experienced is linked to their unlawful presence. This exemption allows many VAWA self-petitioners to adjust their status without leaving the U.S., avoiding the need for consular processing.
3. Fraud and Misrepresentation
If a VAWA applicant has been found inadmissible due to fraud or misrepresentation, they may still apply for a waiver. The applicant must prove “extreme hardship” to themselves or a qualifying relative (U.S. citizen or lawful permanent resident) if the waiver is not granted. Notably, this waiver does not apply if the fraud involved falsely claiming U.S. citizenship.
4. Public Charge Exemption
Unlike other applicants who must demonstrate that they will not become a public charge, VAWA self-petitioners are exempt from this requirement. They do not need an Affidavit of Support when applying for a green card.
5. Health-Related Waivers
VAWA applicants facing health-related grounds of inadmissibility can also seek waivers without the need for a qualifying relative to be involved in their case. This includes waivers for communicable diseases if they can show that they merit a favorable exercise of discretion.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States 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.
