Violence Against Women Immigration Lawyer
At MCD Immigration Law, P.C., we understand the courage it takes to seek help in abusive situations. Under the Violence Against Women Act (VAWA), we offer dedicated legal support to those enduring abuse from a U.S. citizen or lawful permanent resident family member. Our firm is committed to providing compassionate and effective legal assistance to help you assert your rights and protect your well-being.
If you are facing an abusive relationship, we encourage you to reach out. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.
We handle VAWA and other immigration issues in Salem and across Massachusetts.
What Is The Violence Against Women Act?
The Violence Against Women Act (VAWA) is a pivotal piece of legislation that allows certain immigrants who are victims of domestic violence to apply for legal status in the United States without relying on their abusive U.S.-citizen or lawful-permanent-resident family members. This act aims to provide victims with the means to seek safety and independence.
Who Can Get A Green Card Under VAWA?
You may be eligible for a green card under VAWA if you have been a victim of battery or extreme cruelty perpetrated by your:
- U.S. citizen spouse or former spouse
- U.S. citizen parent
- U.S. citizen child
- Lawful permanent resident spouse or former spouse
- Lawful permanent resident parent
If you qualify for a green card through VAWA, your ability to live and work in the U.S. would no longer depend on your abuser. You would have lawful permanent resident status on your own. Later, you may apply to be a U.S. citizen.
What Needs To Be Proven To Win A VAWA Case?
To successfully secure a green card under the Violence Against Women Act (VAWA), it is essential to establish that you have been a victim of battery or extreme cruelty. This abuse must be perpetrated by a qualifying relative, specifically a U.S. citizen or lawful permanent resident who is your spouse, former spouse, parent or child.
You will need to demonstrate your relationship to your abuser and show that you live with him or her. You will also need to show evidence of battery or extreme cruelty. Showing the physical and emotional impact of the abuse can strengthen your case. Finally, you will need to demonstrate that you are of good moral character.
By meticulously gathering and presenting this evidence, you can substantiate your claims of being a victim of abuse under the criteria set by VAWA. This detailed approach helps ensure that your application is robust and increases the likelihood of a favorable outcome. Remember, the goal is to provide a comprehensive picture of your situation to the authorities, making it clear that you qualify for protection and legal status under VAWA.
What Kind Of Evidence Can Be Used To Prove The Abuse Or Battery Occurred?
Several types of evidence can support your VAWA case:
- Police reports or restraining orders
- Medical records documenting injuries
- Testimonies from witnesses, including neighbors or friends
- Journals, photographs and other personal documentation
- Emails, texts or other communications that reflect the abusive nature of the relationship
- Psychological evaluations
Collecting and presenting comprehensive evidence is crucial to building a strong case.
How Long Does It Take To Get A VAWA Green Card?
The processing time for a VAWA-based green card can vary significantly based on individual circumstances and immigration office caseloads. Generally, it might take several months to a few years. It is essential to prepare for this process with patience and an understanding of its complexity.
While you wait for the USCIS to approve your application, you are generally allowed to work as long as you apply for and receive employment authorization.
Contact Our VAWA Lawyer
Facing an abusive situation alone can be overwhelming and frightening. At MCD Immigration Law, P.C., we are here to support and guide you through this challenging time. Our attorney, Mabel Covarrubias-Doucette, brings a wealth of knowledge and a personal commitment to each case. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.