Factors of a Fairfax VAWA Application

There are many important considerations to take when applying for legal status within the Violence Against Women Act in Fairfax. Once a person gets past the waiting process of the Fairfax VAWA application, there are many other things a person will need to do. That is one of the benefits for the VAWA application. In other types of immigration applications, if they are not approved, then a person has the risk of being referred to the immigration court.

The policy of the VAWA service center right now in that they do not refer applications to the immigration court so they will be out the time and the money they spent in preparing the application but not risk any adverse immigration consequences. They will not be at risk of being deported at this time. That is not set forth in the statute so that is something that may not always be true but it is right now. It is important to stay up to date on all factors of a VAWA application in Fairfax, and the best way to do that is by working with an experienced VAWA immigration lawyer.

Granted Applications

If the Fairfax VAWA application is granted, a person is married to a US citizen, and they filed it in conjunction with the green card application, then that person will receive their green card. If not, then they – if they are married to a legal permanent resident, that has been approved – will be placed in something called ‘deferred action’ status.

It is similar to the status of people with DACA, otherwise known as the DREAM Act. It basically means that the government’s acknowledging that they are here legally but they are going to grant them deferred action and they can get their work authorization right away.

What will happen is they will receive a priority date which will be the date of the initial filing and they will have to wait until a VISA becomes available or until their priority date is turned under the National VISA Center, and they will be able to apply for their green card at that point. Right now, the wait for abused spouses for a lawful permanent residence is around a year and a half after the Fairfax VAWA application is filed, so it is just a little bit longer wait to get their green card, but they will still be on lawful status and they can work.

What Happens in the Interim

A person will get sent a general information packet about resources for victims of abuse, but there is not any kind of affirmative help that they offer people to save the relationship. Often, part of the advice that the attorney will give is about how to avoid these kinds of events or how to contact a shelter or how to get out of an abusive situation. Often, it is not just the legal status issue that attorneys are dealing with. It is also helping people to access help.

Addressing Inadmissibility

Another important factor of a Fairfax VAWA application is for a person to remember their own immigration history and to evaluate whether or not they are inadmissible for entrance for other reasons. If they are inadmissible for other immigration violations, they need to be aware of those because some of them will make them ineligible for VAWA but many of them are eligible for waivers. They must affirmatively identify their reason for admissibility and submit the VAWA applications. They need to address each specific ground of inadmissibility and see whether or not they qualify for a waiver.