Evidence in Fairfax VAWA Applications

When applying for a Violence Against Women Act application, it is very important to gather evidence while an applicant has access to it. That is particularly important if the person is thinking about leaving the abuser or the abuser’s residence and they want to make sure that they have proof of the abuse before they lose access to it.

A Fairfax VAWA attorney can organize, analyze and process all evidence within an application to make the long process a bit easier. There is a wide range of acts that can constitute abuse when submitting a VAWA Application. It could be physical, sexual, emotional or psychological. It really just has to rise to a level that USCIS deems to be abusive as opposed to just an unhealthy relationship and there is no black-and-white determination that can be made about what is and is not abuse.

There are arguments that they need to make with USCIS, but generally, it is easier for the potential applicants to qualify for VAWA if they have suffered physical abuse. It is absolutely possible for other types as well. Most aspects of abuse are eligible for the process, but it is important to contact an experienced VAWA  immigration attorney to find evidence in Fairfax VAWA applications.

Documentation for the VAWA Application

Along with required evidence in VAWA applications, individuals need to give biographical and identity information for them and the abuser. They will need proof that there was a bona fide marriage and cohabitation. Additionally, proof of the immigration status of their abuser and that they were the victim of abuse. There needs to be established proof that they are a person of good moral character, which is another reason for the fingerprints.

Often, people have never called the police because they are afraid of their immigration status. There does not need to be a police record. Police records make a stronger case, however, they are not needed to make a case for VAWA.

Organization of Evidence

With minimal or no hard evidence in Fairfax VAWA applications, the individual’s personal statement is going to be extremely important. A Fairfax VAWA attorney will need to help them draft a statement and make sure they address every channel and aspect of abuse in their relationship. The individual should gather letters from friends, family, co-workers, neighbors, or anybody that witnessed the suffering that the person endured or the abuse itself.

Statements may be limited due to the fact that friends and family may be unaware of the abusive situation so it is really only their own personal declaration they can rely on. In those cases, an experienced VAWA attorney might recommend a therapist or a doctor to assist them.

They want their statement, for example, to address all of the elements of all the required elements to qualify for VAWA and they need to organize their exhibits in a way that divides them into each element. They want to address the immigration and identity documents first, and the bona fide marriage, and the cohabitation, and then a separate section that will address the abuse.

What if the Applicant Cannot Provide Supporting Evidence?

If an applicant meets the requirements for VAWA but cannot provide supporting evidence, secondary evidence can be used. Secondary evidence may include proving the qualifying relationship with the abuser, the abuse that was experienced, and proof of cohabitating with the abuser. For example, if the VAWA applicant was unable to be named in a lease or any bills because the abuser did not let them be included or if they were prevented from doing so, having sworn affidavits from friends and family members can be used, as well as other mail instead of a lease or mortgage. The applicant can also submit a Freedom of Information Act request to obtain additional evidence or hire investigators if the applicant is financially able to do so.

Types of Abuse

There is not a minimum requirement, but if it is a situation of long-term abuse, then the case will be stronger than if there was just one unfortunate incident. That is not to say that one incident cannot constitute abuse.

Abuse can be psychological abuse, sexual abuse, or emotional abuse. All of the dynamics of the relationship are relevant. Proving mental abuse can be difficult at times. Contacting a therapist is important when trying to prove mental abuse.

Physical abuse and police reports are not required, and they never need to press charges. VAWA looks at the totality of the circumstances and it is helpful to speak with a Fairfax VAWA attorney when trying to make an assessment whether or not they qualify.

Children VAWA Application

Children can apply as derivatives of a parent’s application or they can apply to the victims themselves. When the victims are the children, a parent can actually apply as a derivative. If it was a situation of child abuse, then the parent’s relationship can be a way to gain legal status for the parents as well. In every applicable situation, it is important to find usable evidence before beginning the Violence Against Women Act process.

Role of a Fairfax VAWA Attorney

Getting an immigration lawyer is very much recommended when seeking evidence in Fairfax VAWA applications. They are not simple applications and they are additionally in a much better position if they have an experienced VAWA practitioner who has handled these cases before.

The process is an extremely document-intensive application and there are a lot of different elements to be addressed. A Fairfax VAWA attorney can help them figure out where the holes in their case are and how they can be supplemented. A VAWA lawyer can make sure that they are not subject to any grounds of inadmissibility that are going to make them ineligible for VAWA before they apply.

The VAWA application process is long and involves are a lot of filing and paperwork. Getting the help from a Fairfax VAWA lawyer will expedite the process so you do not have to fill out all the documents alone. Ensuring that you are eligible is important to know before filling out the large amounts of paperwork involved. Please contact an experienced Fairfax VAWA lawyers to help you through the application process.