VAWA Applications: Frequently Asked Questions
Below, a DC VAWA immigration lawyer discusses some important things everyone should know about the VAWA application process. If you’d like information on how to proceed with your own application, please call our DC law offices today and complete your initial consultation.
Why Might a VAWA Application be Rejected?
An applicant could be rejected because they can’t prove perhaps good moral character. That’s one of the requirements for a VAWA application. In some cases, if you have a serious criminal record of your own, you may be rejected.
Also, an application could be rejected if you can’t prove substantial harm, for instance if you have no supporting evidence and your declaration isn’t sufficient. I’ve actually never had one denied for that reason, but it is certainly possible.
Can Children Under 21 Can Apply?
If the children are under 21, they can apply as derivatives on the application. Also, in some cases if the children have also been victims of abuse, then they may be able to apply as principal applicants themselves.
Do You Need to Have Called the Police?
You never need to have called the police in order to apply for VAWA immigration. Furthermore, there does not need to have been a conviction against the abuser, nor the filing of charges.
Do You Need to Testify Against the Abuser?
A VAWA applicant absolutely does not need to testify against the abuser. Application is totally confidential and the abuser never has to know about it.
Other Important Factors in VAWA Cases
When our firm approaches a VAWA case, we look at the client’s overall immigration situation to make sure VAWA is really their best option, and we also investigate the history of abuse in order to gather pertinent information. Another thing we need to consider is their ability to be able to gather the required evidence.
One unfortunate problem that we run into sometimes is individuals who qualify in every way, but they can’t access evidence to prove that their abuser actually has valid immigration status. They may not, for instance, have a copy of the abuser’s birth certificate or passport or legal permanent residence card, and if USCIS can’t confirm legal status, they’ll deny the application. Those are really unfortunate cases.
So, if you’re thinking about applying it’s kind of something that you might want to have in the back of your head if you’re still living with the abuser and have access to those kind of documents that those are required pieces of evidence. Try to make a copy – even a screenshot from a phone or camera will work.
Why Choose an Experienced VAWA Attorney?
Our immigration attorneys have a lot of experience in these cases and understand what it takes to work with victims and survivors of abuse. A lot of times, an attorney will be the first person that an individual may be talking to about these types of situations. Overall, it’s absolutely crucial to have somebody that you trust and are really comfortable with in these cases, and that is something that we work very hard to provide.