Alexandria VAWA Applications

Due to past immigration fraud or misrepresentations, a VAWA applicant will be ineligible to adjust and to receive a waiver. This can be the case even when an applicant may have a qualifying relationship with the U.S. citizen or permanent resident who has been abusive, has cohabitated with this individual, and has evidence of good moral character with respect to arrests. For these reasons, the VAWA applicant may want to think twice before submitting an adjustment application. Read on to learn more about what goes into Alexandria VAWA applications, as well as the ways a dedicated immigration attorney could work to support your rights.

Evidence of Abuse

If the VAWA applicant has contacted the authorities, they may be eligible to apply for other benefits like a U visa. However, when applying for VAWA, the steps are always the same. An applicant must accumulate the evidence necessary, secure safety as the petitioner, and speak to an attorney about the deficiencies in the VAWA claim.

The evidence of the abuse can include reports from the police, court records, medical records, school records, psychological reports, and statements from friends and families. For good moral character, the petitioner submits a state-issued criminal background check and a police clearance from all the countries where the applicant lived for more than six months in the past three years. As evidence of good faith marriage, if that is the qualifying relationship between the petitioner and the abuser, the petitioner submits proof of insurance policies, leases, income taxes, bank accounts, statements from friends, evidence of the wedding ceremony, and other evidence that proves the relationship is legitimate.

Submitting the I-360

Once the I-360 is submitted, the USCIS either makes a prima facie determination that the applicant is eligible for VAWA benefits or asks for additional evidence to prove that the petitioner suffered abuse. Once USCIS makes a prima facie determination that there is abuse, USCIS is closer to granting the I-360. Once the I-360 is granted, the petitioner does not obtain legal status in the United States. It means that the VAWA petitioner can apply for adjustment when they are eligible to do so.

VAWA Self-Petitioners

Alexandria VAWA applications are slightly different for VAWA self-petitioners. For VAWA self-petitioners, they use the C-9 form because they are an adjustment applicant, which is why they are applying for the work authorization. Along with that I-485 form, an applicant is also able to submit Form I-131, which is the application for a travel document. It requires biographic information, information about the intended travel, and two passport pictures. Additionally, the VAWA self-petitioner must submit Form I-864w, which is the waiver for the affidavit of support. Normally, an adjustment applicant must demonstrate that the individual who has petitioned for them is guaranteeing that they will not become a public charge, but a VAWA self-petitioner does not have a family member who has petitioned for them, so they are exempt from providing evidence of income.

Expediting Approval

USCIS processing times will vary. Currently, USCIS is adjudicating petitions filed on or before August 22, 2016. Usually, there is not any way to speed up the process or obtain a faster decision. An individual can request expedited processing only under very limited circumstances. An individual needs to describe what the need for expediting the processing of the application is, such as an ill family member dying in their home country and the need for the applicant to obtain permission to leave the country. That would speed up adjudication. The USCIS is not going to make any special accommodations merely because the person wants it adjudicated quickly.

Common Misconceptions about Alexandria VAWA Applications

One of the most common misconceptions about Alexandria VAWA applications is that the relief is only available to women. The other misconception is that an abused individual needs to have been seriously physically abused to qualify. However, there are many kinds of abuse and extreme cruelty that allow one to apply for VAWA status. Sexual, emotional, psychological, financial, and verbal abuse all fall within the eligibility criteria for Alexandria VAWA applications. There is also the misconception that one has to have filed a police report to be eligible for VAWA benefits, and that is not the case. The applicant just has to demonstrate to USCIS that abuse has occurred. Another misconception is that the USCIS will contact the abuser. The USCIS would not want to place the petitioner in danger, and does not contact the abuser about the submission of the application for this reason.

If you require assistance throughout your Alexandria VAWA applications, reach out to an experienced immigration attorney today for your initial consultation.

Alexandria VAWA Applications