In the United States, the federal Violence Against Women Act (VAWA) provides protection and legal status to victims of domestic violence, sexual abuse, and other forms of gender-based violence, regardless of their immigration status.
Those who may be eligible to become a legal permanent resident (obtain a Green Card) are victims of assault or extreme cruelty committed by:
– U.S. citizen spouse or ex-spouse
– U.S. citizen parent
– U.S. citizen son or daughter
– Legal permanent resident (LPR) spouse or ex-spouse
– LPR parent
The first step is to file an I-360 Petition with the United States Citizenship and Immigration Services (USCIS). This petition demonstrates that the victim has suffered abuse at the hands of a U.S. citizen or legal permanent resident and that the relationship is genuine.
With the assistance of a specialized legal team, it is crucial to provide as much documentation as possible to prove the abusive relationship and the details of the abuse. This may include police reports, medical records, testimonials, photos, or any other relevant evidence.
Once the I-360 Petition is approved, and the applicant meets other requirements, such as being physically present in the United States, the victim can initiate the Green Card application process by submitting Form I-485.
Unmarried children under the age of 21 of a VAWA principal applicant may be eligible to apply for a Green Card as a family member. However, it is not possible to apply as a family member if the principal applicant is a self-petitioning parent of an abusive U.S. citizen child.
In general, with a pending VAWA-based Green Card, it is possible to request employment authorization by filling out Form I-765.
Conclusion
Through VAWA, victims have the opportunity to build a better and safer life in the United States. It is essential for these individuals to seek proper legal assistance and guidance to ensure that the entire process is successfully completed.
The law prohibits USCIS from denying your application based solely on information provided by your abuser and other prohibited sources. USCIS also cannot disclose any information about you to third parties, except in very limited circumstances. Refer to the USCIS Policy Manual for more information.
Through VAWA, victims have the opportunity to build a better and safer life in the United States.
The T Visa is a U.S. non-immigrant visa designed for victims of human trafficking. Its purpose is to protect undocumented immigrants
Living and working legally in the United States without a multimillion-dollar investment or a job offer is a real possibility for those who qualify for the green card program.
U.S. citizens over the age of 21 can request the Green Card for their parents, spouse, unmarried or married children of any age, stepchildren, and siblings.
Foreign nationals who marry a U.S. citizen, regardless of gender or orientation, have the right to apply for a Green Card.
Foreign investors looking to establish roots and thrive on American soil must obtain the EB-5 visa, also known as the “Immigrant Investor Visa.”
