Evidence in DC VAWA Applications
There is specific evidence in DC VAWA applications that will need to be gathered. For one, the applicant will need to provide a marriage certificate in the case of a spouse and birth certificate in the case of parents or children of abusers. The applicant will also need to provide evidence that they resided with the abuser, which can be a lease, bills, or detailed letters from third parties, as well as evidence of the abuse. VAWA eligibility also requires demonstrating good moral character so the applicant will need to obtain police clearances. For help with collecting evidence, contact an accomplished lawyer who is experienced with VAWA applications.
Proving Abuse in an Application
In order to prove that the U.S. citizen or permanent resident was/is abusive, the applicant will need to provide a detailed statement that gives specific instances of the abusive behavior and include any evidence that corroborates the statement. The corroborating evidence can be statements from third parties, arrest reports or police reports, letters from doctors, therapists, social workers, hospital records, pictures, texts, etc. A detail-oriented lawyer could help an individual with gathering the evidence in DC VAWA applications.
Meeting with a Psychologist or Therapist
The applicant should consider meeting with a psychologist or therapist. A report or letter from a psychologist or therapist will provide additional evidence of the abuse. Additionally, meeting with a mental health professional will allow the applicant to have additional support during this often-stressful process. While meeting with a mental health professional is ideal, it is sometimes not possible due to cost or fear that the abuser will then be alerted to the filing of the petition. The applicant should not feel disheartened if this piece of evidence is missing from the application. They can provide an explanation as to why professional help was not sought. In addition, having a report from a psychologist or therapist does not guarantee VAWA approval, the applicant must still meet all other eligibility requirements.
What Forms Must be Completed?
Form I-360 is the self-petition and the first form that must be completed for VAWA eligibility. The I-360 is utilized by USCIS to determine the relationship between the applicant and the abuser, where they cohabited (and for how long), and determine the abuse suffered.
The applicant submits either a marriage certificate or birth certificate to evidence the relationship. The applicant who is submitting the I-360 based upon marriage must also submit evidence that the marriage was entered in good faith. This requires submitting financial records, pictures, statements from family and friends, and any other document that proves that the marriage was not entered for immigration purposes.
The form requires submitting supporting evidence about the abuse which can include police reports, records from court proceedings, hospital records, psychological records, reports from social workers and school administrators, and statements from individuals, including family members who were aware of the relationship and the abuse or extreme cruelty. The applicant also provides USCIS a state-issued criminal check from the jurisdictions where the applicant has resided for at least six months in the last three years.
After the application and the supporting evidence is submitted to USCIS, the agency will issue a prima facie determination of eligibility. When the I-360 is approved, the VAWA applicant is eligible to adjust.
To adjust, the VAWA applicant submits Form I-485, which requests information about eligibility to apply for lawful permanent resident status. Eligibility is determined by demonstrating that one is admissible and has the required qualifying relationship with an abuser. It also means providing biographic information by submitting a birth certificate and passport copies, passport photos, a medical examination, and the U.S. Department of Homeland Security fees of $1,140 for the application and the $85 biometric fee. When the adjustment application, Form I-485, is filed the applicant is also able to submit a work authorization application, Form I-765, and a travel document. The VAWA applicant must also file FormI-864W, to waive the affidavit of support requirement for adjustment applications.
Background Checks
In order to establish good moral character, a VAWA applicant is required to submit a criminal background check. For each jurisdiction where the applicant has resided for more than six months in the last three years, they must obtain a police clearance or state records check.
The police departments where the applicant has resided will have a procedure for requesting a police clearance. The applicant should contact each department where he or she has resided to determine what information will have to be provided.
If you have any questions about evidence in DC VAWA applications, contact a seasoned immigration attorney today.