What Needs to Be Demonstrated In DC VAWA Applications

There are certain evidence and documentation that needs to be shown in a VAWA application. The evidence needs to be shown to determine whether one is eligible for legal permanent residence under VAWA.

If you have any questions about what needs to be demonstrated in DC VAWA applications, reach out to an experienced lawyer. A dedicated attorney could help you gather and present evidence in your case.

Supporting Evidence and Documentation in a VAWA Application

Some supporting evidence and documentation that might be required during the VAWA application process include proof of a qualifying relationship to a U.S. citizen or a lawful permanent resident. That can be shown through a marriage certificate if it is a spouse. A birth certificate can be used if there is a parent-child relationship. Evidence of the abuse is also required and that can include:

• Pictures
• Hospital records
• Police reports
• Psychological reports
• Statements from third parties

Cohabitation can be shown through leases, bills, and correspondence showing a shared address between the VAWA applicant and the abuser. Statements from third parties such as family members or friends who are able to confirm the applicant lived with the abuser may be used as well if the VAWA applicant does not have any documents showing a shared address. In addition, the VAWA applicant must provide evidence proving their good moral character. The evidence of good moral character can be covered by the submission of police clearances.

Can the Evidence Vary Depending on the Situation?

The evidence and documentation can vary depending on the situation. The documentation can vary regarding the relationship between the VAWA applicant and the abuser. Sometimes, the abuse experienced by the applicant includes the abuser not allowing them to put any possessions in their name, and those situations can vary the kind of evidence that will be submitted with the VAWA application.

Proving Good Moral Character

Good moral character is proof that the applicant is a law-abiding member of the community. It is necessary to prove good moral character when applying for a VAWA. A VAWA applicant can prove good moral character by obtaining background checks, police clearances, and statements from third parties. However, if the applicant has a criminal history, they will not be eligible.

What to Do When There is Minimal Evidence

When an applicant has minimal to no hard evidence about their situation, there may be times when submitting an FOIA request and/or hiring investigators can provide the necessary information. Also, if a person has minimal to no hard evidence with regard to their situation, they can provide third party statements from family members and friends. They can provide a detailed statement from the applicant themselves, which will be used in lieu of primary evidence regarding the relationship to the abuser, the abuse experienced, and cohabitation with the abuser. The statements can be used to explain to USCIS why some evidence was unavailable to submit with the VAWA application.

How a Letter of Support Can Help

A letter of support from a licensed therapist or psychologist can help to show the effects of the abuse on the applicant, but by itself is not enough evidence. The letter from the psychologist or therapist should be submitted with other evidence of the abuse, like a statement from the VAWA applicant detailing the abuse, any police reports, hospital reports, statements from third parties like family members and friends, and pictures, if available.

Having a therapist or psychologist work with an applicant can help demonstrate the effects of the abuse on the person and can provide additional support during the VAWA application process. Those who are applying for VAWA have been victims of abuse at the hands of a loved one, and having a person that they can talk to during this process can be helpful to the applicant.

Call today for more information about what needs to be demonstrated in DC VAWA applications.