Steps To Take in DC VAWA Applications

If a person is filing a VAWA application, there are important steps they should take for a successful claim. Fortunately, a seasoned lawyer who is knowledgeable about the steps to take in DC VAWA applications could help you. An accomplished immigration attorney could walk you through the process and keep your best interests in mind.

Obtaining Necessary Documents

The first step someone will take when beginning the application process, even before meeting with an attorney, is making sure that they are safe and are able to secure documents. That means that if they are in a situation in which their abuser can become violent and can prevent the applicant from submitting documentation, they must make sure that they contact the police or have a plan set up should the abuser take such steps.

Part of the application process is submitting documents like birth certificates, marriage certificates, and lease agreements to show that the applicant has lived with the abuser as well as the relationship the applicant has with the abuser and the status of the abuser. The applicant wants to ensure that they are able to obtain those documents or copies of those documents to be able to adequately support their application. Applicants should also try to get any documents of abuse by collecting any police records, any records from hospitals or mental facilities that the applicant went to as a result of being abused, and any pictures that will help a USCIS officer visualize the abuse. Also, they should collect any letters or statements of support from family members and friends aware of the relationship between the applicant and the abuser as well as any information they may have with regard to the abuse experienced. They should gather any statements from healthcare providers or social workers with regard to the relationship and abuse if known.

Gathering Evidence

Collecting evidence is one of the crucial steps to take in a DC VAWA application. The type of evidence gathered during one of these cases varies by the applicant. If the abuser is the spouse, the VAWA applicant will have to obtain proof of their marriage with a marriage certificate and proof that they were in a good faith, bona fide marriage. If the abuser was a parent or a child of the VAWA applicant, they will have to show a birth certificate showing the relationship between the abuser and applicant. Other evidence that will need to be gathered is proof that the VAWA applicant lived with the abuser. This can be demonstrated by a lease, a letter from friends, family, or landlords, or correspondence received by the applicant at the shared residence. The applicant will also have to provide evidence of the abuse or extreme cruelty that was suffered by the VAWA applicant. This evidence can be a statement from the applicant, police reports, pictures, statements from family and friends, and a psychological evaluation. Also, the VAWA applicant will have to show that they are a person of good moral character, so they will have to obtain police clearances from the places that they have lived within the last three years.

Meeting with an Attorney

The first meeting or even the first few meetings with the prospective VAWA applicant will focus on the abuser and the abuse. The questions will be: Is the abuser the VAWA applicant’s spouse? Is the abuser the VAWA applicant’s parent? Is it their child? Is the abuser a U.S. citizen or lawful permanent resident? Does the VAWA applicant have a criminal record? Do they have prior immigration violations?

The answers the VAWA applicant provides to these questions will help the attorney determine what steps can be taken from that point. Then, the attorney will ask questions about the type of abuse that was suffered and what kind of evidence can demonstrate that abuse. After the attorney determines the abuse or cruelty that was experienced by the VAWA applicant, they will go through a list of documents that will be needed to demonstrate that the VAWA applicant entered the marriage in good faith (if married to a U.S. citizen), evidence of cohabitation, and the nature of the relationship between the applicant and the abuser, whether it is their spouse, parent, or child.

Call today for more information about the steps to take in DC VAWA applications and how an attorney could help you.