Fairfax VAWA Immigration Lawyer
In Fairfax, there is a way for undocumented individuals to apply for legal status in the US if they have been in a marriage to a US citizen or legal permanent resident, and have suffered substantial spousal abuse. Through the Violence Against Women Act (VAWA), initially passed in 1994, there are a number of provisions that protect victims of domestic abuse. It is called the Violence Against Women Act, but it also protects men.
This is an option for individuals to self-petition, meaning that they are not going to be dependent on their spouse, to apply for legal status in the US. The process of the application can be extensive, and anyone who is looking to gain legal status through VAWA should consult with a Fairfax VAWA immigration lawyer who can help to guide them through the process.
Marriage to a US Citizen
It is best for someone’s VAWA application if they are married to a US citizen because a person will be immediately eligible for adjustment of status upon the approval of their VAWA petition. That means they are eligible for a green card and they can apply for it the same time as the I-360. If they do not apply, they are not automatically awarded any kind of status by virtue of their marriage to a US citizen.
The process is if a person marries a US citizen, then they apply for the person’s green card. Three years after that, they can apply for their own citizenship. But in many cases in a VAWA situation in Fairfax, they married an abusive spouse and they do not apply for them or they use it as something to hold over their head and use it to exert power. They are now automatically ordered in a status because of their marriage.
VAWA Form
The form for the VAWA self-petition is filed under USCIS Form I-360, which is the basic form for applying for the VAWA. The majority of the application is supplying supporting evidence that is submitted alongside it. In some cases where the individual is married to a US citizen abuser, they may be filing an application for adjustment of status at the same time which is found on form I-485.
The Fairfax VAWA application form itself is very straightforward. A person just needs to fill out the basic biographical information for themselves and for the abuser and include their immigration history and basic identifying information. The rest of the application is more complex and a Fairfax VAWA lawyer is necessary.
Confidentiality
Anyone has access to the application. It is free and it is available at the USCIS website online. Once created, it is totally confidential. It is filed in the VAWA Department of the Vermont Service Center and they have much stricter confidentiality assurances and roles than the rest of the immigration system.
Another thing to know is that if a person’s application is denied, it is unlikely that they will refer the applicant’s case to the immigration court and they probably would not be placed in terminable proceedings because of the confidentiality provisions under the Violence Against Women Act.
Additionally, a person’s communications with their VAWA immigration attorney in Fairfax is protected by attorney-client privilege.
Forms Sent with the Application
It depends on the case if there are any forms that must be completed and sent out with the VAWA application. If a person is eligible for adjustment of status because of their marriage to an abusive United States citizen as opposed to a permanent resident, then they can apply for their green card at the same time as the VAWA application, which is filed under Form I-485. The applicant can file for their work permit which they can receive while the application is pending.
But if that does not apply to them, then the only other form that they will not file with the VAWA application is Form G-28 which is the entry of appearance through a VAWA immigration attorney in Fairfax if they are working with an attorney.
Application Denial
A denial of a Fairfax VAWA application could happen for a variety of reasons. One common reason is that a person may not have sufficiently proven abuse to the level required by the Violence Against Women Act. A person could have a case where there is a very dysfunctional or very unhealthy relationship or just a mean spouse, but it must rise to the level that constitutes abuse. That is one reason it can be denied. The level of abuse is not sufficient. Another reason is that a person had a lack of proof or they cannot prove they are a legal resident or citizen. A Fairfax VAWA immigration lawyer is essential in helping someone have a complete application with sufficient proof.