Forms to Submit in a Montgomery County VAWA Application

There are multiple forms to submit in a Montgomery County VAWA application. Seeking approval may feel overwhelming, but assistance is available from a well-practiced VAWA attorney. Seasoned legal counsel could help a person understand how the application process works, what requirements each applicant must meet, and how to build a strong case for approval.

Forms That Could be Completed During the Application Process

Form I-360, which is used by the USCIS to determine VAWA eligibility, will be included in every VAWA application. Applicants may then fill out forms I-485, I-765, I-131, and I-864W. Form I-360 is completed by the VAWA applicant to show the USCIS that:

  • They were/are the survivor of physical abuse and/or extreme cruelty
  • The abuser is a U.S. citizen or a lawful resident
  • The relationship that they had/have with the abuser was that of a spouse, parent, or child
  • They had lived or currently live with the abuser

This could explain the kind of abuse that occurred. With Form I-360, applicants will submit documentation about the relationship between the applicant and the abuser.

Applicants in Montgomery County could consult a knowledgeable attorney for help completing the various forms required for VAWA applications.

Collection Evidence to Show the Abuse

A person will submit any records or supporting evidence of the abuse. Documentation could include:

  • Police reports
  • Hospital records
  • Any letters or report from a psychologist or therapist
  • Comments from the court, if the abuser was previously taken to trial
  • Pictures, statements, or letters of support from friends and family members who could attest to the relationship between the applicant and the abuser, and the form of abuse that the applicant suffered

The I-360 also requires that the applicant show that they were a person of good moral character. This is typically done with police clearances from the places where they lived for a minimum of six months over the last three years.

If the abuser was their U.S. citizen spouse, they will be able to submit Form I-485. Form I-485 is the application to become a lawful permanent resident. That form requires a filing fee of $1,140 and an additional $85 biometrics fee to get fingerprints. Copies of passports, birth certificates, two passport-style photos, and a medical examination are also required. Applicants must also show that they are admissible into the United States and have a qualifying relationship with the abuser.

With Form I-485, the applicant will be able to submit the Form I-765, which also requires two passport size photos, and Form I-131, which is the application for a travel document. Form I-765 is the application for work authorization. A Montgomery County VAWA applicant also must submit Form I-864W to waive the USCIS affidavit of support requirement for anyone aiming to become a lawful permanent resident.

Other Requirements an Applicant Must Meet

A VAWA application will be followed by requests for proof of the relationship between the abuser and the applicant, of the abuser’s status as a lawful permanent resident or U.S. citizen, that the applicant cohabitated with the abuser, and of the kind of abuse that was suffered by the applicant. If any area is found to be lacking in supporting documentation, it is likely that USCIS will send a Request for Evidence, or RFE, asking for specific documentation to help make the determination as to whether the applicant has met the VAWA eligibility requirements.

After USCIS issues a Request for Evidence, the applicant will have to obtain and submit the documentation and evidence that USCIS required. If that evidence or documentation is not available to them, they will have to send a response to the RFE stating why that evidence was not available to them. If no other information is needed, the applicant is still subject to USCIS processing time. While this is always subject to change, the applicant will be able to find the most current date at uscis.gov.

Hire a Montgomery County Attorney for Help

Individuals seeking to learn more about the forms to submit in a Montgomery County VAWA application are recommended to call an accomplished immigration attorney. An experienced attorney could help individuals meet VAWA requirements and file the appropriate paperwork. A lawyer could also help collect and submit proper documentation and evidence.