Montgomery County VAWA Application Decisions

A person facing Montgomery County VAWA application decisions is recommended to contact a knowledgeable immigration attorney. The application process is filled with numerous choices that could have great impact on an applicant’s case. Reach out to an accomplished attorney to get well-practiced advise.

Important Things to Consider When Beginning an Application

As a first step, it is important to try to obtain the documentation that USCIS will require. This could include any documentation that shows:

  • The relationship between the applicant and the abuser
  • They had cohabited with the abuser
  • The kind of abuse that the applicant has suffered
  • Whether they are able to apply for adjustment to become a permanent resident.

An application might be turned down if the person failed to show the above points. It might also fail if the person is not able to show that they were a person of good moral character, or failed to sign their application.

If they could apply to become a lawful permanent resident and if they have any criminal issues, the applicant is recommended to reach out to an immigration attorney to see if it will affect to their VAWA application.

Moving Forward With a Granted Application

Upon approval, the VAWA applicant becomes a recipient. They will have deferred action and could apply for a work permit. If the VAWA applicant had submitted the Form I-485, the application to become a lawful permanent resident with the Form I-360 if they are an immediate relative of a U.S. citizen or if a visa became immediately available to them, the Form I-485 will be adjudicated by USCIS. If the VAWA applicant did not submit the I-485, they will have to wait for their visa to be available to them. Once the visa is available to them, the applicant could submit the Form I-485 to adjust.

What To Do After a Denial

If someone’s application is not granted, the applicant could decide whether they want to appeal or re-file that VAWA application. A second application is possible. A denial does not mean that the applicant must leave the United States, nor does it mean a removal order. Having a VAWA application denied does not mean that the applicant must leave the country nor are they ordered to be removed from the United States. The VAWA applicant has the same status that they had before they submitted the VAWA application. If the application is denied, the applicant may decide if they wish to appeal it or reapply.

Obtaining Employment

Once the VAWA recipient obtains deferred action or submits the I-485 with the Form I-765, which is the application for employment authorization, the employment authorization will be approved and mailed to them.

The fact that they are not a U.S. citizen does not impede their ability to obtain employment or a position similar or equal to the one they might have before coming to the U.S. They do have to take into account that there are some jobs that are only available to U.S. citizens.

Applicants could speak to a VAWA application decisions attorney in Montgomery County to learn how they could obtain employment after receiving a deferred action or submitting the forms.

Time length for VAWA Application Approval

Typically, it could take about 16 to 20 months to have a VAWA application approved. The USCIS is currently adjudicating applications that have a receipt date of March 28, 2017. Since the processing times change, it is important to check often what dates the USCIS is processing VAWA applications.

It is unlikely that there is any way to speed up the process or obtain facts or decisions. USCIS will consider processing a VAWA application if a request to expedite had been provided. The applicant must have a serious reason as to why the VAWA application should be processed faster. Since USCIS does not have a checklist of the reasons as to why they will approve a request to expedite the VAWA application, anyone who is considering sending that request will have to take into account the reason as to why they are trying to expedite it. The USCIS may then make a decision on the application.

A seasoned Montgomery attorney could help a person understand the time lengths associated with VAWA application claims, and which decisions to make for their case.

Common Misconceptions About the VAWA Application

It is not true that the VAWA application is limited to women. The name Violence Against Women Act may be confusing since both men and women are able to apply.

As an attorney could explain, the abuse that the applicant experiences does not need to be physical. Psychological abuses are taken with the same amount of seriousness. While people may be afraid of reporting their abuser, the VAWA application does not require a police report. Nor does it require that the applicant be separated or divorced from the abuser or that the applicant and abuser not live together.

A Montgomery County VAWA Attorney Could Help

To better understand Montgomery County VAWA application decisions, call a meticulous immigrant attorney. A lawyer could help individuals plan their next steps following a denial or approval. An individual could clear up any misconceptions with their attorney, learn more about the time lengths for cases, and could get help with finding a job.