Lawful Permanent Residence through VAWA
VAWA stands for a federal law called the Violence Against Women Act. Before you stop reading you should know that VAWA can help MEN or WOMEN who have been abused by a United States citizen or lawful permanent residence spouse. Provisions also exist to protect children who have been abused. Our Denver immigration lawyers have successfully obtained lawful permanent residence for both undocumented men, women and children who have been victims of physical and/or emotional abuse in a domestic setting.
Under VAWA, there are three potential paths to lawful permanent residence:
- One is through self-petitioning, that is, submitting an I-360 application to the USCIS Vermont Service Center and applying for a green card when the I-360 is approved.
- The second is through VAWA Cancellation of Removal in the immigration court.
- The third allows you to submit an I-751 waiver application if you already have your two year conditional resident card.
Our Denver Immigration Lawyers Can Assist You in Filing an Effective VAWA Self-Petition with the United States Citizenship and Immigration Service
Normally, when a foreign national marries a United States citizen, it is the US citizen who submits a petition to the United States Immigration Service to obtain legal status for his or her foreign spouse. In abusive situations, the US citizen spouse will frequently use the petition process as one more way to control and abuse his or her foreign spouse. Recognizing this, VAWA allows abused spouses to petition for themselves and basically leaves the abusive United States citizen out of the process.
The law is complicated and the requirements strict. Before you apply for a VAWA with the USCIS, you should consult an immigration lawyer with experience with VAWA self-petitioning. Our Denver immigration lawyers have extensive experience in advising self-petitioners and providing compassionate legal guidance to individuals who have endured an abusive relationship. If you think you may be eligible to self-petition under VAWA and need a VAWA specialist, phone our office in Denver to schedule a consultation with one of our experienced immigration lawyers.
Our Denver Immigration Lawyers Will Provide Exceptional Legal Representation in Immigration Court for Your VAWA Cancellation of Removal Case
In removal or deportation proceedings, immigrants who have been abused by a United States citizen or a lawful permanent resident spouse may also be eligible to apply for VAWA Cancellation of Removal. This application is submitted to the immigration court and it is the immigration judge who approves or denies your case. It is extremely important that you have an attorney with experience in immigration court to assist you in your VAWA Cancellation of Removal case. Our Denver immigration lawyers have years of experience helping clients before the immigration judge.
Our Colorado Immigration Attorneys are Knowledgeable in Processing I-751 Waivers with USCIS
If you already have your conditional green card (2 year permanent resident card) based on your marriage, you may apply for a special VAWA waiver using form I-751. You must prove that:
- You entered the marriage in good faith, and
- Your petitioning spouse battered you or subjected you to extreme cruelty during the marriage.
A child who has a conditional permanent residence through his or her parent's marriage to a United States citizen or lawful permanent resident can also apply for a waiver using form I-751. A child must prove that:
- His or her parent married a lawful permanent resident or US citizen in good faith, and
- He/she was battered or subjected to extreme cruelty by the petitioning US citizen or LPR or by his/her conditional resident parent.
If you are a victim of domestic violence, but do not think that you qualify for either a VAWA Self-Petition or Cancellation of Removal under VAWA, there may be other ways that you can obtain lawful immigration status in the United States. The best way to determine your eligibility is to discuss your personal situation with a lawyer who specializes in immigration law. If you need a lawyer for immigration, contact our immigration law office in Denver, Colorado at 303-442-8554. We will be pleased to help you with your immigration goals.