Alexandria VAWA Lawyer
There are several critical steps to take into account when filing an Alexandria VAWA application. Applying for VAWA can be a complicated process. An individual needs to gather evidence that they have a relationship with a U.S. citizen, there is proof of cohabitation, show domestic violence or abuse, and evidence of good moral character. All of these factors are important to consider when someone is applying for VAWA. One may choose to consult with an experienced immigration attorney before gathering the evidence or contacting an attorney and presenting the available evidence. A skilled Alexandria VAWA lawyer can find any shortcomings with the evidence presented and will be able to determine whether the you are ready to proceed with filing.
Applying for VAWA
The first steps of an Alexandria VAWA application include considering the applicant’s safety. If the applicant fears they may be harmed by the U.S. citizen or lawful permanent resident relative, they should contact the authorities and get a restraining order, if possible. A compassionate Alexandria VAWA lawyer can assist in this process. The next step is to gather all the necessary evidence that proves the relationship between the applicant and the abuser. This may be a birth certificate or marriage certificate.
Types of Evidence
The evidence needed in a VAWA application includes one’s cohabitation, abuse or extreme cruelty, and good moral character. Evidence of cohabitation can include leases and correspondence that arrives at the shared address. Evidence of the abuse or extreme cruelty can include hospital records, police reports, and statements from friends and family. Lastly, evidence of good moral character is required, which includes police clearances and statements from members of the community.
Application for Children
Children can apply on their own for VAWA protection or they can apply as derivatives in their parent’s application. For a child to be eligible for VAWA status on their own, they must be unmarried and abused by a U.S. citizen, lawful permanent resident parent, or step-parent. In that kind of application, the parent may be the derivative beneficiary of the child’s application.
The child must remain unmarried before applying for the benefit. In addition, the child must prove that a parent-child relationship exists with a person who is a U.S. citizen or permanent resident, that the parent either lost or renounced citizenship due to an incident related to domestic abuse, that the child suffered abuse or extreme cruelty at the hands of a citizen or permanent resident parent, and that the child lived with the abusive parent as well as evidence of the child’s good moral character. Usually, children under 14 years of age are presumed to have good moral character.
Proving Abuse
This is not an exhaustive list, as each case will be evaluated on its specific details about what kind of abuse was suffered by the petitioner. However, applicants can include a detailed sworn statement describing the abusive behavior, police reports, hospital records, psychological evaluations, pictures, texts, chat logs, call logs, affidavits from witnesses, and any other evidence that goes towards proving an abusive relationship. Consulting with a psychologist or therapist is also helpful as evidence of the effects of one’s abuse. Having a psychological evaluation alone will not be dispositive in establishing abuse or extreme cruelty. Reach out to an experienced Alexandria VAWA lawyer to learn more.
If a VAWA Application is Rejected
Insufficient evidence can result in the rejection of an application. Even after a denial, there is no requirement that the applicant leaves the country. The VAWA applicant simply goes back to the status that they were before. They can still appeal or re-file the decision. Generally, applying for benefits at the USCIS level will not put the applicant in a position where they will be placed in removal proceedings, although it does occur.
Most appeals are filed with Form I-290B, Notice of Appeal or Motion within 30 days of the rejection. If someone’s application is rejected, they also have an opportunity to resubmit it. The VAWA petitioner may re-apply, submit additional evidence, or explain why additional evidence of the qualifying relationship, abuse, cohabitation, or good moral character could not be obtained.
Meeting with an Alexandria VAWA Lawyer
When meeting with an Alexandria VAWA lawyer, the attorney will determine the individual’s past immigration and criminal history, what kind of relationship the applicant had with the abuser, whether the applicant can apply concurrently, what evidence the applicant has in their possession to prove good faith marriage, and whether the applicant is still in a relationship with the abuser. An experienced Alexandria VAWA lawyer can help an individual review any steps of an Alexandria VAWA application while acting as an aggressive advocate on their behalf. Consider reaching out to a dedicated Alexandria VAWA lawyer today for your representation.