Prince William County VAWA Applications

There are a number of requirements which must be met in order for Prince William County VAWA applications to be eligible for approval. In addition, the process can be long and arduous. Therefore, it is important to work with a professional in order to avoid any mistakes or oversights. If you have any questions about Prince William County VAWA applications, consult with an attorney who focuses their practice on this area of the law.

Important Things To Know Before Applying

One of the important things to know about applying for VAWA is that a person needs to evaluate all of the requirements for VAWA before submitting the application. It may be rejected for a number of reasons, including if a person is unable to prove the bona fide nature of the relationship, or if they are unable to prove that the abuse or the conduct against them constituted abuse. It may also be rejected if a person is unable to prove the immigration status of the abuser or unable to prove that they are inadmissible or eligible for a waiver under the VAWA probation.

A person needs to specifically address each of the requirements in their body of evidence and outline that evidence in their cover letter. If a VAWA application is rejected, it has been the practice of the Vermont Service Center in the past to not refer these cases to the immigration court. However, that is not a guarantee, so a person needs to be aware of the possibility that they will refer the case to the immigration court. A notice to appear will be issued if they are denied.

Rare But Eligible Situations

Children can apply for VAWA as derivatives of the application of their parents or independently if they can prove that they are the child of a lawful permanent resident or a U.S. citizen that was abusive to them. Although less common, one can also apply as a parent of a lawful permanent resident or U.S. citizen who was abused by a child.

Those are rare situations, but there is eligibility available for those individuals as well. A person does not need to have a police record, police report, or ever called the police to report the abuse to qualify for VAWA. That separates and distinguishes Prince William County VAWA applications from the U-Visa, where a person needs to have at the minimum a police report, and needs to have been cooperative in the investigation and with the prosecution of the crime to be eligible.

Common Misconceptions

One thing that is commonly neglected is the necessity to prove good faith marriage or bona fide marriage to obtain VAWA status. When it comes to Prince William County VAWA applications, sometimes applicants will focus on the elements of abuse in the application, but they forget that there is also a stringent requirement to prove that the relationship was entered in good faith.

Also, a person needs to pay attention to all of the other requirements. One of them includes proving the immigration status of the abuser. That can be done by either submitting a naturalization certificate, birth certificate, or a U.S. passport that will prove the individual status or a copy of a green card.

There are other ways to do it if the person does not have access to those documents, including a social security number or other identifying information. Then, USCIS will need to attempt to confirm the immigration status of the abuser. If they are not able to prove those, it is the responsibility of the applicant.

How an Attorney Can Help Begin The Process

When it comes to filing Prince William County VAWA applications, the first step is to consult with an attorney and to evaluate a claim. There are two important things to discuss during that initial consultation. The first is the claim of abuse, whether it is a dysfunctional relationship, a mean spouse, or some sort of emotionally unstable or unhealthy relationship, which does not necessarily count as abusive under the law. A person needs to go into the details of the relationship with a qualified attorney to determine whether or not their situation will qualify as abuse under the ICE or in the eyes of USCIS.

The second important thing is to evaluate grounds of inadmissibility. If a person has any criminal or immigration violations or other grounds of inadmissibility, they need to make sure that those will be waivable or that they will still be eligible for VAWA withstanding those grounds of inadmissibility.

These are just some of the ways in which a lawyer will be an invaluable asset when it comes to undertaking the submission of Prince William County VAWA applications.