Violence Against Women Act (VAWA): Applying for a Green Card:
Have you suffered abuse or extreme cruelty at the hands of a U.S. citizen or permanent resident spouse? Were you abused by your parents, son, or daughter who is a U.S. citizen?
If so, you may be able to petition for permanent resident status under the Violence Against Women Act (VAWA). Typically, a family member seeking permanent resident status must rely on their U.S. citizen family member to apply for their green card. However, in cases of abuse, the law recognizes that a battered spouse or abused child may need to self-petition for legal immigration status.
The immigration process is stressful and complicated. Adding the trauma of abuse to the process makes it even more so. Our providers have experience providing safe spaces for victims of domestic violence to share their stories.
Our goal is to make applying for legal status easier and less stressful for immigrants. Read on for the details of applying for a green card with a VAWA petition, and learn how a psychological evaluation from a qualified provider can strengthen your case.
What Types Of Abuse Qualify For VAWA Self-Petition?
Victims of battery or extreme cruelty are eligible to apply under VAWA if the abusive US citizen was the applicant’s spouse, parent, or child. Examples of qualifying battery and extreme cruelty include domestic abuse such as physical or emotional abuse. Threats of deportation if you reported the abuse to law enforcement are examples of emotional abuse that qualify under VAWA. You’ll also want to discuss any abuse of your children since you can include unmarried children under 21 in your application.
What Are The Requirements For VAWA Visas?
To qualify for a Green Card under VAWA, an abused spouse or family member must:
- Be physically present in the United States at the time you file Form I-485;
- Be eligible to receive an immigrant visa;
- None of the bars to adjustment of status apply to you;
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or another form of relief;
- You will also need to prove that you were victimized by a U.S. citizen or lawful permanent resident who is your immediate relative: spouse, former spouse, parent, or child;
- In spousal abuse cases, prove that your marriage was a good faith marriage;
- Provide reports from law enforcement agencies of any documented abuse.
Why Might I Need a Psychological Evaluation for a VAWA Visa?
Proving domestic violence can be brutal, especially in cases where the abuse victim fears deportation. But, to qualify as a legal permanent resident with a VAWA visa, you’ll need to prove that your family member is an abusive U.S. Citizen. A Psychological evaluation can help you prove abuse.
Our providers are skilled at recognizing the psychological effects of abuse and trauma. Victims of crime often suffer from anxiety, stress, and other psychological effects. Our evaluations will help prove that your abusive spouse, child, or parent caused you extreme hardship.
We’ll ask questions about the abuse you suffered and any abuse your children suffered. These conversations can be tricky, so having a therapist who understands trauma and the immigration process can help set your mind at ease.
Let Us Help Make The Immigration Process Easier And Less Intimidating
You dream of having lawful permanent resident status so you can build the life you want. Immigrating to the US is overwhelming thanks to complicated U.S. immigration laws and the stress of making a new life. It’s even more stressful in domestic abuse cases when your health and safety are at risk. That’s why we’re here.
We offer a safe space to share your hardships and walk through the evaluation process with a kind, compassionate provider. To get started, schedule a FREE consultation with one of our providers to see if an immigration evaluation is suitable for your immigration case.
At the moment, due to COVID-19, all our immigration evaluation sessions are held online or via phone. We look forward to hearing from you!
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