Domestic Violence
If you have experienced serious cruelty or battery by the hands of any of the following, you may qualify for a green card under the federal Violence Against Women Act (VAWA).
- A U.S. citizen spouse or former spouse
- A U.S. citizen parent
- A U.S. citizen son or daughter
- A lawful permanent resident (LPR) spouse or former spouse
- An LPR parent
By submitting a Form I-360 without your abusive family member’s knowledge or approval, you are able to self-petition under the VAWA. Although a VAWA refers to women, an abused child or parent can be a male too. It’s best practice to contact someone who is an experienced Van Nuys domestic violence attorney. You might be qualified to apply to become a lawful permanent resident or a “status adjustment” if your self-petition is authorized and you meet other qualifying requirements. Let’s see how a qualified Van Nuys domestic violence attorney can help.
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We are here to provide you with one of the best domestic violence attorneys for victims in Van Nuys. We offer personal, caring services. You will have the chance to work directly with your lawyer, offering our services in Spanish, Sinhala, Tamil, Hindi, Gujarati and Urdu. With your first free consultation, feel confident to walk in our Van Nuys office, or schedule an appointment with us at 888-997-3701.
You need to fulfill the following criteria in order to be qualified as a VAWA self-petitioner for a green card:
- Properly file Form I-485, Application to Register Permanent Residence or Adjust Status
- Be physically present in the United States at the time you file your Form I-485
- Be eligible to receive an immigrant visa
If 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.
An immigrant visa is immediately available to you at the time you file your Form I-485 and when USCIS makes a final decision on your application. None of the bars to adjustment of status apply and you can become admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief. Our experience tells us that USCIS will use its discretion favorably.
Anyone can fall victim to abuse. A family law domestic violence attorney can help you seek protection and justice if you belong to any one of the following categories:
Spouses: If you are or were the battered spouse of a citizen or lawful permanent resident, you may file for a status adjustment for yourself. If your spouse is a citizen or permanent resident of the United States and has mistreated your unmarried child under 21 years, you may also file as an abused spouse and include your child on your petition.
Parents: You may file if you are the parent of a US citizen who has abused you.
Children: If your parent is an American citizen or permanent resident and has harmed you, and you are not married and under the age of 21, you may petition for yourself. On your petition, you can also list your own children. If you can prove that the abuse was the primary cause of the delay in filing, you may file for yourself as a child after the age of 21 but before the age of 25.
It’s always best to navigate through with the help of a child abuse attorney in Van Nuys.
It can be challenging to gather the necessary evidence, but you can do so with the help of a Van Nuys domestic violence lawyer to obtain as much of the following as you can without endangering yourself or others:
- Your marriage certificate if you are filing a petition based on an abusive spouse
- Birth certificates if you are filing based on an abusive parent or child
- Evidence that you and the batterer lived together such as birth certificates of children, bills, leases, family photos, tax returns, etc.
- Proof of the abuse such as restraining or civil protection orders, police reports, medical records, criminal records of the batterer, a letter from a battered women’s program, counseling records, photographs of injuries or bruises, affidavits of the witnesses describing the abuse, or affidavits from others who may know about the abuse
- Evidence of “good moral character” such as proof that you have no criminal record, a letter from your religious institution, or evidence of community involvement
- You must provide a written statement describing your relationship with the batterer or the batterer of your children
You will receive "deferred action" and a work authorization card if you prevail in your VAWA lawsuit. You can work lawfully and remain in the US. Based on VAWA, you may also be qualified to apply for a green card for permanent legal residency. Your former immigration status, criminal record, and abusive status are just a few of the many variables that will determine whether you may apply for a green card and when you can (green card holder versus US citizen). For your best chance to win, it’s recommended to hire a professional. Contact the law offices of Hussain & Gutierrez for the best abused spouse attorney in Van Nuys.
Accredited Law Firm Assisting With Green Cards For Abuse Victims
If you are worried that your abuser may learn about your efforts to obtain a VAWA immigrant visa, you should know that the procedure is private. Any threats they may make against your ability to obtain permanent status without your spouse cannot be used as leverage against you. It is possible to become a citizen and escape your abuser.
While the VAWA immigration visa application process is confidential, your abuser can access information you’d prefer to keep hidden from them. Think about how the internet, phones, and even computer storage might affect your privacy. Can your abuser access your call or internet history? Are you being monitored by security cameras, your car’s GPS, or your phone?
Don’t let this deter you; your family law and domestic violence attorney in Van Nuys can identify means to communicate while you pursue your application that won’t endanger your safety.
Have a question? Ask a lawyer for domestic violence victims
Yes. Emotional abuse comes under the vast umbrella of domestic violence. Often termed psychological abuse, emotional abuse exposes the victim to psychological traumas like anxiety, depression and PTSD.
There may be alternative methods for you to obtain protection through legal status even if your abuser is not a citizen or permanent resident of the United States. If you have been a victim of a crime and have assisted—or are prepared to assist—in the investigation or prosecution of this crime, for instance, a U-visa provides a route to legal status. If your abuser was arrested, you helped the district attorney’s office, you testified in court against your abuser, or you contributed in some other way, you might be qualified for a U visa in a case of domestic violence. You should speak with a lawyer for domestic violence victims and inquire about the U Visa and explore options and pathways to get a green card for abuse victims.
Yes, VAWA covers all genders. You will be covered under VAWA even if you identify as a man.
Yes. If the marriage was dissolved within two years of the filing date and you can show a link between the dissolution of the marriage and the battery or extreme cruelty, you may submit a Form I-360. If the abused spouse is unable to show such a link, they may qualify for abusive spouse cancellation of removal.
The priority date from the previously filed I-130 can be transferred to your I-360 if you are the beneficiary of an I-130 that was filed by your abusive spouse, parent, or child. The amount of time you must wait for a visa to become available may be significantly reduced as a result.
