Every year immigrants come to the U.S. in hopes of permanent residency with the help of sponsorship of a spouse. During the immigration process, the immigrant can stay with the sponsor in the country. There are several cases where the sponsor abuses the immigrant physically and mentally while living together. In these situations, victims may believe their immigration status is in jeopardy and fail to report such incidents.

Moreover, the sponsor may threaten them to withdraw the sponsorship. This may leave the victim in a grave situation at the mercy of their sponsor. To prevent this, the Violence Against Women Act (VAWA) was created by the government. A victim can file a complaint against the abuser without affecting their immigration status.

The Violence Against Women Act (VAWA) protects the victims of domestic abuse from their spouse who is sponsoring their immigration. This act was created to provide power and safety to women. The act allows the individual to apply for the green card without the sponsorship and file charges against the abuser.

A green card is given to a spouse or family member in the U.S. with the sponsorship of the permanently residing spouse, parent, or child. However, if a person is abused mentally or physically, the VAWA rolls in to allow self-petition.

You may apply for permanent residency even if you are abused by an employee sponsoring you. In the case of an undocumented immigrant, you may not receive immediate eligibility but receive protection from the government. Besides, you may qualify for a special non-immigrant U visa.

¿Cuáles son los criterios de elegibilidad para una fianza de inmigración?

There is a set criterion for As an individual applies for a green card independently without the American citizen sponsorship, you are applying as a self-petitioner. Under this act, the self-petitioner received permanent residency status. The petitioner is also entitled to the following:

• Receive permanent residency in the U.S., conditions including you don?t commit an offense that may cause your removal under the U. S. immigration law.
• Eligible to work in any occupation that you may find fit. This also includes the option to start your own company or business.
• Leave or re-enter the U.S. with your green card.
• Eligibility for U.S. citizenship.
• Protection by the state, local, and all U.S. laws.
• Eligible for social security benefits.
• Right to apply for the U.S. government-sponsored financial aid for education.
• Receive in-state or resident tuition rates.
• Right to appropriate Social Security benefits
• Eligible to sponsor your spouse or unmarried minor children under 21 for a green card.
• Note that after receiving the green card, you will not be eligible to vote in the government elections.

How to Apply for a VAWA Visa

Under VAWA, spouses, parents, and children suffering abuse from their sponsor are eligible to apply for visas. The law is specifically for women; however, men may also apply for this visa. There are specific criteria that an individual needs to fulfill in order to apply for a VAWA visa.

Eligibility Criteria for Abuse Women

• Suffered battery or extreme assault cruelty by the permanent resident spouse.
• Your child has suffered abuse at the hands of your spouse.
• The sponsor is emotionally abusive towards you or your children.
• If a person has entered the marriage in good faith and not for the sole purpose of immigration benefits.
• You have resided with your spouse in the past.
• If you are divorced on the grounds of abuse.
• You are willing to work with law enforcement in the case against your abuser.
• Be a person of good moral character.

Eligibility Criteria for Abused Children

• Apart from suffering mental and emotional abuse, the children should have resided with the abusive parent.
• You must be of good moral character. A child who’s under 14 years of age is presumed to be of good moral character.

Eligibility Criteria for Abused Parents

• Your relationship with your son or daughter should be specified for the purpose of immigration.
• The abusive son or daughter must be a citizen and satisfy the sponsorship criteria.
• You must have resided with your abusive daughter or son.
• Be a person of good moral character.

Get legal help to assist you with Domestic Violence Green Card

You do not have to stay in an abusive situation or try to handle everything with limited knowledge. Hiring a Violence Against Women Act (VAWA) Attorney will help you understand the complex immigration laws. The lawyer will guide you throughout the filing process and work in the court to get you the VAWA visa. You can contact us to discuss your case details and assist you in every possible manner.

With our professional assistance, you will receive assistance at each step. Our lawyers understand the situation and will make you feel safe. Moreover, they can also provide you protection from the abuser, if needed. You do not need to live with the fear of your domestic partner abusing you again.

Even if you are an undocumented immigrant, the federal laws provide the victims of domestic abuse adjustment in their status. This ensures you get a green card, provided you fit all the criteria. Our lawyers will make sure you can have freedom from this terrible situation. Contact us to choose freedom for a fresh start in life on your own terms.