Office Location is Irving, Texas and Albuquerque, New Mexico
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Office Location is Irving, Texas and Albuquerque, New Mexico
At John W. Lawit, LLC, our dedicated VAWA immigration lawyers provide legal guidance and compassionate support, helping victims of abuse navigate the complex immigration process to achieve safety and independence in the United States. We understand these challenges, and we are committed to restoring that opportunity.
The American immigration system is often seen as a pathway to equal opportunity, offering individuals from around the world the chance to pursue a better life. However, for victims of domestic abuse, this promise of opportunity can be cruelly undermined by their circumstances, leaving them vulnerable and without any legal recourse.
Since its passing, VAWA has afforded a path for these victims to a better life. Our attorneys at John W. Lawit, LLC, are ready to assist you in understanding your rights and navigating the path to safety and legal status.
VAWA stands for the Violence Against Women Act. It is a United States federal law originally passed in 1994.
It was designed to address and reduce domestic violence, dating violence, sexual assault, and stalking.
The key components of VAWA are as follows:
VAWA must be periodically reauthorized by Congress, with changes and updates added each time. The last reauthorization of VAWA took place in 2022.
Yes, a non-U.S. resident or immigrant may be eligible to self-petition under VAWA. The VAWA self-petition (Form I-360) allows certain victims of abuse to apply for immigration benefits without the knowledge or cooperation of their abusive U.S. citizen or lawful permanent resident spouse, parent, or adult child.
This provision is intended for victims who might otherwise be trapped in abusive relationships due to fears of deportation.
An Albuquerque VAWA immigration attorney provides crucial assistance to victims of domestic violence seeking immigration relief. They help navigate the complex legal requirements and procedures involved in filing a VAWA self-petition or applying for a U visa.
Here’s how an attorney can help:
Victims of abuse, violence, and exploitation may qualify for immigration relief through the VAWA, the U visa, and the T visa. Each option serves a different purpose and has distinct eligibility requirements.
Understanding these differences is essential in choosing the correct path.
VAWA is intended for individuals who have been abused by a U.S. citizen, lawful permanent resident spouse, parent, or child. This relief allows the victims to self-petition for legal status without the abuser’s knowledge or consent.
The abuse must involve battery or extreme cruelty, and the petitioner must demonstrate a qualifying relationship with the abuser, good moral character, and a history of living with the abuser. Cooperation with law enforcement is not required for VAWA.
The U visa is designed for victims of certain qualifying crimes, such as domestic violence, sexual assault, stalking, and kidnapping. To qualify, the victim must have suffered substantial physical or mental abuse and must be willing to assist law enforcement or government officials in the investigation or prosecution of the crime.
There is no requirement that the abuser should have a specific immigration status. U visas are subject to an annual cap of 10,000 principal applicants, and delays are common due to high demand.
The T visa is for victims of human trafficking (either sex trafficking or labor trafficking) who are physically present and living in the U.S. as a result of the trafficking. Applicants must demonstrate that they complied with reasonable requests for assistance from law enforcement, unless under age 18 or unable to cooperate due to trauma, and would suffer extreme hardship if removed from the U.S.
Unlike the U visa, the T visa does not require a specific type of crime beyond trafficking, but it does require proof that the applicant was brought to or held in the U.S. through force, fraud, or coercion.
To be eligible for a VAWA self-petition, individuals generally must meet specific criteria, which include:
An experienced Albuquerque VAWA immigration lawyer can help determine eligibility and guide victims through the complex application process, ensuring all necessary documentation is submitted to support their case.
The process of obtaining a green card through VAWA involves several steps and can take several years, depending on the specifics of your case and USCIS processing times. Below is a general timeline of what to expect.
Assuming no delays occur, USCIS will approve your adjustment of status and mail your permanent resident card.
Although VAWA provides a powerful legal pathway for victims of abuse, the process is rarely straightforward. Victims often face complications that can delay or endanger the success of their petitions.
An experienced Albuquerque VAWA immigration attorney can help you identify and resolve these issues before they become critical.
Frequent complications include, but are not limited to, the following:
Many victims lack access to formal evidence, such as police reports or medical records. They may also struggle to obtain affidavits from witnesses due to fear of retaliation or stigma.
Our Albuquerque humanitarian relief lawyers can help victims identify alternative forms of evidence, such as sworn affidavits from friends, family, or counselors, and guide them in compiling a comprehensive narrative of the abuse. They can also work with psychological experts to provide evaluations to corroborate the victim’s experiences, even without traditional documentation.
Establishing the required familial relationship to the abuser is critical. Missing marriage certificates, birth records, or any proof of shared residence can become obstacles in proving eligibility.
Lawyers can assist in gathering secondary evidence, such as joint utility bills, leases, or sworn affidavits from individuals who can attest to the relationship. They can also help explain the circumstances if the original documents are unavailable due to abuse.
Past criminal charges, immigration violations, or misrepresentations may be used against the petitioner. Without proper legal guidance, these issues can lead to denials, prolonged processing times, or even deportation.
An attorney can assess whether waivers or explanations can resolve these concerns.
If a victim’s story contains inconsistencies, especially between prior immigration filings and the current VAWA petition, USCIS may question the credibility of the claim.
Common inconsistencies include:
An attorney can help victims prepare consistent and compelling narratives by meticulously reviewing their statements and aligning them with supporting evidence. They can also explain the reasons for any discrepancies to USCIS.
Abusers may attempt to sabotage the process through threats, misinformation, or interference with documentation. This psychological control can be so pervasive that victims may feel trapped and believe there is no way out, discouraging them from seeking help.
A lawyer working on behalf of either the victim or a concerned party ensures that communication with USCIS remains protected and secure.
Victims who have entered without inspection, overstayed visas, or been previously deported may face additional legal hurdles. These cases often require a layered strategy involving waivers or alternative relief.
An attorney can develop comprehensive strategies to address these complex histories, including filing necessary waivers, appealing previous denials, and arguing for humanitarian parole or other forms of relief.
Including children in a VAWA petition can complicate timelines and eligibility, especially if they are living outside the U.S. or are close to aging out (turning 21).
An attorney can advise on specific strategies to ensure children are properly included and to mitigate issues related to their age or location, such as exploring concurrent filings or advocating for age-out protection.
VAWA petitions are often subject to long wait times and follow-up requests from USCIS. Failure to respond properly to an RFE can result in denial.
An attorney can proactively prepare comprehensive petitions to minimize RFEs and respond promptly and thoroughly to any requests from USCIS. A legal representative can also provide additional evidence and clarification as needed to keep the process moving forward.
When facing the daunting challenges of domestic violence and immigration, you don’t have to navigate the legal complexities alone. John W. Lawit, LLC, offers compassionate and experienced legal representation for victims seeking relief under the Violence Against Women Act.
Our dedicated team understands the sensitive nature of these cases and is committed to providing a safe and supportive environment as we work to secure your immigration future.
Our Albuquerque immigration lawyers are here to listen, assess your eligibility, and guide you through every stage of the self-petition process. Let us help you break free from abuse and build a new life in the United States.
Take the first step towards safety and independence. Contact John W. Lawit, LLC, today at (214) 609-2242 for a confidential consultation.
