VAWA

If you’ve been physically or emotionally abused by your US spouse, please seek appropriate help, which include calling 911 to ask for police protection. Your health and safety override any immigration issues you may have.

We have extensive experience in counseling on immigration issues associated with a sudden separation from your US spouse. We understand the immense emotional trauma involved with domestic violence. Feeling guilty, hopeless, and alone are part and parcel of the abuse.

Under Violence Against Women Act – VAWA – US law offers immigration relief for victims of domestic violence. Men, women, and gender nonconforming victims may benefit in the form of a green card under this category.

Green Card for VAWA Self-Petitioner

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:

• 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; or
• An LPR parent.

You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent.

Eligibility for Adjustment of Status

In order to be eligible for a Green Card as a VAWA self-petitioner, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are physically present in the United States at the time you file your Form I-485;
• You are eligible to receive an immigrant visa;
• 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 to you;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion.

You are eligible to receive an immigrant visa based on:

• An approved VAWA self-petition (Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant);
• A previously filed VAWA self-petition that remains pending (if ultimately approved); or
• A VAWA self-petition (if ultimately approved) filed together with your Form I-485.

Asking for help is the first and often the most difficult step in ending an abusive relationship. You are not alone. We are here to listen to you, and offer counsel and guidance.

Understanding The Role Of A Specialized Attorney

Navigating through the complexities of legal battles can be daunting, especially when it pertains to sensitive issues such as violence against women. In Los Angeles, CA, there exists a cadre of dedicated attorneys who specialize in representing victims of such violence. Their knowledge not only offers a beacon of hope to many but also ensures that justice is pursued with tenacity and compassion. Here, we will attempt to demystify the roles of a Los Angeles, CA violence against women act lawyer and guide you on when their services are indispensable. Always reach out to Bolour / Carl Immigration Group, APC if you need assistance with your case. You are not alone.

Advocacy And Representation In Court

One of the primary roles of these attorneys is to serve as staunch advocates for their clients in court. They possess a deep understanding of the laws and statutes related to violence against women and use this knowledge to build strong cases for their clients. Whether it’s navigating the complexities of restraining orders or arguing cases of domestic violence, these legal professionals ensure that their clients’ voices are heard and respected in the judicial system.

Legal Advice And Strategy

Understanding one’s legal rights and the best course of action can be overwhelming for victims. Specialized violence against women act lawyers in California provide crucial legal advice, helping clients understand the nuances of their cases. They outline the various legal avenues available and recommend strategies tailored to the specific circumstances of each case. This guidance is invaluable in helping victims make informed decisions about their legal journey.

Emotional Support And Understanding

Facing the legal aftermath of violence can be emotionally taxing for victims. Attorneys in this field are not only legal representatives but also sources of support. They approach their clients with empathy and understanding, creating a safe space for them to express their fears and concerns. This emotional support is crucial in helping clients navigate their legal battles with confidence.

Liaison With Law Enforcement And Other Agencies

These lawyers often act as intermediaries between victims and various agencies, including law enforcement and social services. They ensure that their clients’ cases are taken seriously and that all investigative and protective measures are in place. By coordinating with these agencies, attorneys help streamline the legal process, making it less intimidating for their clients.

Ensuring Confidentiality And Safety

Confidentiality is paramount in cases of violence against women. Specialized attorneys are staunch protectors of their clients’ privacy, ensuring that sensitive information is handled with the utmost care. They also provide guidance on safety planning, helping clients take steps to protect themselves and their loved ones from further harm. This is a crucial step to take so that women can remain safe and avoid any kind of retaliation.

When To Seek Their Services

It’s crucial to seek the services of a specialized attorney if you or someone you know is facing legal issues related to violence against women. Whether it’s seeking a restraining order, pressing charges, or navigating the complexities of the legal system, California violence against women act attorneys are equipped to provide the guidance and support needed. Their expertise is not only in legal representation but in offering a holistic approach that considers the emotional and physical well-being of their clients.

Take The Next Step Towards Justice

If you’re facing a situation where you need legal assistance, don’t hesitate to reach out to a specialized attorney in Los Angeles, CA. Their expertise, empathy, and dedication can be the cornerstone of your journey towards justice and healing. Remember, taking the step to seek legal advice is not only about pursuing justice but also about ensuring your safety and well-being. Contact Bolour / Carl Immigration Group, APC today and take the first step towards reclaiming your peace and security.

VAWA – Violence Against Women’s Act FAQs

If you’ve immigrated to the US but you’ve suffered abuse from your US Citizen spouse, the VAWA – Violence Against Women’s Act can help. At Bolour / Carl Immigration Group, APC, we’ve assisted our clients with asylum claims, green cards, and deportation defense. We’re ready to help you stay in the United States, and we’re ready to answer your questions. Read on for some answers, and contact us today to get started.

Who Is Eligible For This Type Of Protection?

This path is open to people who have suffered abuse or mistreatment by a U.S. citizen or permanent resident spouse, parent, or adult child. You may also qualify if your marriage ended in divorce within the past two years and the abuse happened during the marriage. This option is not just for women—anyone who has been mistreated may qualify, regardless of gender. It’s meant for people who relied on a close family relationship to start the immigration process but were hurt by that same person.

What Are My Options If My U S Citizen Spouse Hurts Me?

If your spouse is abusive—physically, emotionally, or in other harmful ways—you can apply for legal status on your own. That means you don’t need your spouse to sign or support the process. You can file privately and safely, and your spouse will not be notified. We help clients gather the documents and prepare the paperwork so they can apply without putting themselves at further risk.

What Happens After My Petition Is Approved?

Once your Violence Against Women’s Act petition is approved, you may be able to move forward with applying for a green card. If you’re already in the U.S., this may mean adjusting your status. If you’re outside the U.S., you might be able to apply for a visa and come back legally. Approval also gives you access to certain benefits, like work authorization and the chance to apply for public aid in some cases.

What Proof Do I Need For This Kind Of Petition?

You’ll need to show that the relationship was real and that abuse or mistreatment occurred. Proof can include things like police reports, medical records, text messages, emails, photos, or letters from friends, neighbors, or counselors who know what happened. You’ll also need to show you lived with the person and that you have good moral character.

Can I Get Deported If My Case Is Denied?

If your case is denied, it doesn’t automatically mean you’ll be removed from the country. It depends on your current status and other parts of your immigration history. Some people still have other options, including appeals or different kinds of applications. If you’re already in removal proceedings, denial could affect your case in court, but we help clients explore every available option so they’re not left without a plan.

Contact Us Today

At Bolour / Carl Immigration Group, APC, we’ve worked with many people who felt trapped or scared to speak out. For over 29 years, we’ve helped our clients stay safe in the United States. If you need help and don’t know where to turn, contact us today to schedule a consultation about the Violence Against Women’s Act with a lawyer you can trust.