How Can a Wife Who Has Been Abused Win a VAWA Immigration Case After Divorcing Her US Citizen Husband?

Question from Vawawoman, How Can a Wife Who Has Been Abused Win a VAWA Immigration Case After Divorcing Her US Citizen Husband?

Answer from AI:

The Violence Against Women Act (VAWA) provides certain protections for abused spouses, including the ability to self-petition for immigration status without the knowledge or involvement of the abusive spouse. Winning a VAWA immigration case involves several steps and requires substantial evidence.

Understanding VAWA

The Violence Against Women Act (VAWA) is a U.S. federal law that provides legal protections for victims of domestic violence, including immigrants. Under VAWA, an abused spouse can self-petition for a green card without the abuser’s knowledge or consent. This is important because it allows the victim to seek legal status independently, without relying on the abuser.

Steps to Win a VAWA Immigration Case

1. Gather Evidence of Abuse: This can include police reports, medical records, photographs of injuries, and statements from witnesses. It’s important to document all instances of abuse.
2. Prove the Marriage was Genuine: You must show that the marriage was entered in good faith and not for the purpose of obtaining immigration benefits. Evidence can include shared bank accounts, joint leases or mortgages, and birth certificates of children.
3. Show You Lived with Your Abuser: You need to prove that you lived with your abusive spouse at some point. This can be demonstrated through utility bills, leases, or other documents showing shared residence.
4. Good Moral Character: You must demonstrate that you are a person of good moral character. This can be shown through lack of criminal record, employment history, community service, and character references.

Seek Legal Advice

While it’s possible to self-petition under VAWA, the process can be complex and challenging. It’s highly recommended to seek legal advice from an attorney experienced in immigration and domestic violence law. They can guide you through the process, help gather evidence, and represent you in any proceedings.

Resources

There are numerous resources available for victims of domestic violence, including the National Domestic Violence Hotline (1-800-799-SAFE) and the U.S. Citizenship and Immigration Services (USCIS) VAWA page. These resources can provide support, information, and referrals to local services.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for personalized advice.

For more information, visit the USCIS VAWA page and the National Domestic Violence Hotline website.