Green card

What are the Requirements for a Battered Spouse to be Eligible for a Green Card under Violence Against Women Act – VAWA in 2014?

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

As a battered spouse, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).

The VAWA provisions in the INA allow certain spouses of U.S. citizens and certain spouses of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.

Which Battered Spouses are Eligible to File under VAWA?

You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

What are the Eligibility Requirements for a Spouse to File under VAWA?

A) Qualifying spousal relationship:

You are married to a U.S. citizen or permanent resident abuser or

your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or

your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or

you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

B) You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:

You have been abused by your U.S. citizen or permanent resident spouse, or

your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.

C) You entered into the marriage in good faith, not solely for immigration benefits.

D) You have resided with your spouse.

E) You are a person of good moral character.

What is the Filing Process under VAWA?

You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.

If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:

the abuser is an employee of the U.S. government,

the abuser is a member of the uniformed services, or

you were subjected to battery or extreme cruelty in the United States.

If you are a self-petitioning spouse or child and you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.

If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is approved and you do not have legal immigration status in the United States, USCIS usually will place you in deferred action, which allows you to remain in the United States

Can I Work in the United States during the VAWA processing?

If you have an approved Form I-360, you are eligible to apply to work in the United States. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States.

Am I Eligible for a Permanent Residence (Green Card)?

If you have an approved Form I-360, you may be eligible to file for a green card. If you are a self-petitioning spouse or child, your children listed on your approved Form I-360 may also be eligible to apply for a green card. It is important to work with an immigration attorney  who is experienced with VAWA filings to help you assemble the required information and documentation.

 

We look forward to hearing from you. There is no charge for an initial telephone consultation. The Law Office of Rose H. Robbins represents VAWA immigration clients from all over the United States since it involves the same Federal laws and regulations.

Please call us at: (954) 946-8130 to schedule your free telephone consultation so we can tell you about the legal services we offer in this area.

CONTACT THE OFFICE HERE!

We look forward to hearing from you!

 

Why hire an attorney to file your VAWA self-petitioner claim?

Call (954) 946-8130 to find out about the legal services we offer in the area of  VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

Why hire the Law Office of Rose H. Robbins to prepare your VAWA self-petition?

Many people think that immigration law is just filling out forms. In actuality, U.S. immigration law is extremely complex and ever-changing. Many of our clients are people who attempted to save money by filing immigration petitions themselves but their applications were either rejected or delayed. Legal fees often end up being even higher in such cases. By working with an experienced immigration attorney you will minimize the risk of the denial or rejection of your immigration application. You can feel confident that information submitted will strictly conform to USCIS legal requirements. Rose H. Robbins, Esq. is a member of American Immigration Lawyers Association and thereby receives continuous education and legal updates about changes in the laws, regulations and practices. You will be working with an experienced immigration attorney who keeps track of the latest changes to immigration regulations. These constant and seemingly subtle changes might be crucial for the outcome of your immigration case. In addition, you will be able to call an experienced immigration attorney anytime while your case is pending and receive a timely response and a case status update.

Ms. Robbins takes a special and personal interest in every VAWA case accepted by the law firm and she has the maturity and experience to communicate effectively with her clients. Many clients find it painful to discuss the extreme cruelty or battery that they have suffered and to understand the legal requirements for making her VAWA case in front of USCIS.

VAWA requires that a self-petitioner show that she “has been battered or has been the subject of extreme cruelty” by a lawful permanent resident spouse, a U.S. citizen spouse, a lawful permanent resident parent, a U.S. citizen parent, or a U.S. citizen son or daughter.  Abusive acts that may not initially appear violent may constitute “extreme cruelty” for the purposes of VAWA.  Therefore, a person who has suffered no physical abuse may still be eligible to self-petition. As the 9th Circuit said in Hernandez v. Ashcroft,

Extreme cruelty provides an inquiry into an individual’s experience of mental or psychological cruelty, an alternative measure of domestic violence that can also be assessed on the basis of objective standards…extreme cruelty simply provides a way to evaluate whether an individual has suffered psychological abuse that constitutes domestic violence.

The court noted that, in determining extreme cruelty, one must “consider the nature and effects of violence in intimate relationships.”  The purpose of the term “extreme cruelty” is to encompass the forms of domestic violence that are not physical.  By their very nature as forms of domestic violence they are “extremely cruel.”  Thus, the focus of an extreme cruelty inquiry should be whether it’s a form of domestic violence, not whether it’s “extreme” enough.

There is no exhaustive list of acts that constitute “extreme cruelty’ and thus putting together an effective submission that will compelling demonstrate to USCIS that the legal test has been met requires an in-depth inquiry into the particular circumstances. Determining whether or not a client’s experience constitutes “extreme cruelty” largely depends on the independent facts of each individual client’s case. One’s perception of “extreme cruelty” is highly subjective and depends not only on the facts of the case, but the self-petitioner’s own personal history, vulnerabilities or past experiences with abuse. In the self-petitioners own declaration, it is extremely important that the self-petitioner provides as much detail about the effects of the extreme cruelty on her as possible.  Furthermore, the petitioner must come across as credible as possible.

We look forward to hearing from you and discussing your case. There is no charge for an initial telephone consultation. The Law Office of Rose H. Robbins represents VAWA immigration clients from all over the United States since it involves the same Federal laws and regulations.

The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world.

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

* Major Florida Cities We Serve

Boca Raton Cape Coral Clearwater Deerfield Beach Ft. Lauderdale  Gainesville Hialeah Hollywood Jacksonville Lighthouse Point Miami  Miami Beach Orlando Pompano Beach Port St. Lucie St. Petersburg Tallahassee Tampa West Palm Beach

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

You may also fill out the “Contact an Immigration Lawyer” form below for instant delivery to our confidential email system.  The Law Office of Rose H. Robbins will contact you within twenty-four (24) business hours of receipt of this form to tell you about the legal services we offer in this area. I understand that by submitting this form that the Law Office of Rose H. Robbins does not represent me and are are not my attorney and there is no attorney-client relationship by submitting my question or requesting that the Law Office of Rose H. Robbins contact me. I understand that the ONLY way that the Law Office of Rose H. Robbins will represent me is by entering into a written fee agreement/retainer agreement and that this form is not a fee agreement/retainer agreement.

We look forward to hearing from you!

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and experience. This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.

Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Offices of  Rose H. Robbins or establish an attorney-client relationship.

Can a battered spouse use VAWA to get permanent residency or a green card?

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

What is VAWA?

Violence against Women Act  (“VAWA”) allows qualifying spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge.

Can a battered spouse, child or parent self-petition to USCIS to obtain a green card?

Yes. As a battered spouse, child or parent, you may file an immigrant visa petition under VAWA.

How do I know if I am eligible to file a petition under VAWA?

* Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

What are the eligibility requirements for a spouse?

A) Your legal relationship to the abuser:

married to a U.S. citizen or permanent resident abuser; or

your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing.

B) The abuse you suffered needs to be as follows:   You

have been abused in the United States by your U.S. citizen or permanent resident spouse, or

have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services.

In addition,

C) You entered into the marriage in good faith, not solely for immigration benefits.

D) You have resided with your spouse.

E)  You are a person of good moral character.

Filing Process

You must complete the Form I-360,  including all supporting documentation. You need to strictly comply with various filing requirements and supply information as requested or your case can be dismissed. The process of applying for the green card varies with certain circumstances.

 We have extensive experience in helping abused family members and understand the special concerns involved in this frightening situation. The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world.

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

* Major Florida Cities We Serve

Boca Raton Cape Coral Clearwater Deerfield Beach Ft. Lauderdale  Gainesville Hialeah Hollywood Jacksonville Lighthouse Point Miami  Miami Beach Orlando Pompano Beach Port St. Lucie St. Petersburg Tallahassee Tampa West Palm Beach

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

You may also fill out the “Contact an Immigration Lawyer” form below for instant delivery to our confidential email system.  The Law Office of Rose H. Robbins will contact you within twenty-four (24) business hours of receipt of this form to tell you about the legal services we offer. I understand that by submitting this form that the Law Office of Rose H. Robbins does not represent me and are are not my attorney and there is no attorney-client relationship by submitting my question or requesting that the Law Office of Rose H. Robbins contact me. I understand that the ONLY way that the Law Office of Rose H. Robbins will represent me is by entering into a written fee agreement/retainer agreement and that this form is not a fee agreement/retainer agreement.

We look forward to hearing from you!

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and experience. This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.

Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Offices of  Rose H. Robbins or establish an attorney-client relationship.