In 1994, the United States government passed the VAWA immigration act into law. This act, known as the Violence Against Women Act, was part of Congress’s larger effort to control violent crimes and enforce anti-violent laws in the United States. Since then, VAWA has grown into becoming the first federal legislation that assists victims of sexual abuse and domestic violence. It also aims at protecting victims of unwanted behaviors like threats to life and stalking.
The structure of this act makes it an escape route for anyone who has been abused by a direct relative who’s a United States citizen or lawful permanent resident.
The law can also qualify you for the U.S. Permanent resident status. However, one question keeps popping up every time people discuss VAWA immigration – “how can you prepare for it?” It’s a sensitive case, and as such, it needs the right efforts from you. We’ll provide all the useful steps to help you prepare adequately.
Steps Involved in Preparing for a VAWA Immigration Case
Now that you’re about to begin the process, here’s a step-by-step guide that can help.
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Check to know whether you qualify for VAWA immigration
The last thing you want is for a judge to throw out your case on the basis of merit. Before starting, you want to check the USCIS website to see which cases qualify. Most domestic and sexual abuses from a U.S. citizen would qualify you. Some of the Abuses listed on the USCIS website include:
- Verbal abuse
- Threatening harm
- Intimidation and degradation
- Emotional abuse
- Sexual abuse
- Economic abuse
- Battery or physical violence
- Forced sexual isolation.
- Gather the necessary evidence
Once you’re sure you’re qualified for VAWA immigration, the next phase is to begin to gather evidence. This is usually the most difficult part of the process for most people. But that shouldn’t scare you, considering that all the evidence are achievable. Here is all the evidence you’ll gather.
1. A written/personal declaration that describes your relationship with the abuser, alongside the abuse you suffered.
A police clearance report or other documents showing your good standing with the U.S. authorities.
- A copy of your birth certificate/passport.
- Proof of your abuser’s citizenship or lawful residency in the United States.
- Proof of your stay with the abuser during the period of abuse.
- Proof that you’re currently resident in the United States.
- Proof that you suffered abuse.
It’s also useful to write a clear and detailed cover letter. This cover letter will be attached to the top of your package to describe the details of all the evidence you’re submitting.
2. Fill out form I-360
Now that you have every other thing in check, it’s time to begin the process, which involves downloading and filling out the form I-360. Log into the USCIS website and search for the form. Remember to be as thorough as possible when filling the form to avoid unnecessary delays and denials. Here’s how you should fill the form.
- Download the form from the USCIS website and carefully read the instructions.
- Fill in your personal information (name, age, address, etc.) in the part provided for it.
- Indicate the category you’re applying for. The form I-360 covers different immigration options. So, you need to indicate that you’re applying for VAWA immigration before submission.
- Provide details of your current immigration status. Don’t forget to also provide any previous immigration history you’ve had.
- Provide only truthful and accurate answers to all the questions in the form. Add any extra information that may help your case.
- Sign and date the form. Ensure to include any applicable fee. You can also apply for a fee waiver if, for any reason, you can’t meet up with the required fee.
- Send the completed form to the closest USCIS service center.
Don’t forget to double-check all your answers before submission. If you’re unsure about any part of the application, you can always seek help from a professional or an experienced person who has gone through the process before.
3. Get legal help
It’s not news that the process of applying for VAWA immigration can be complicated. Thus, preparing a compelling, well-organized set of evidence to support your VAWA case can seem like a hard mountain to climb for anyone. Therefore, we recommend hiring a skilled VAWA attorney from the start.
An experienced VAWA lawyer can help increase your chances of winning your case. Such lawyers will offer tailored advice and recommendations on how to go about your application. They’ll also help you draft very compelling arguments that will convince the judge. However, you should still look at things like experience, professionalism, and past records when hiring a lawyer.
Safety and Privacy Concerns
Be sure to consider the privacy of your smartphone, tablet, and computer when seeking help online. We’ve seen situations where victims use the same network, devices, or phone plans as the abuser to seek help.
In most cases, if the abuser finds out, it can trigger them to track you and frustrate all your efforts. Therefore, it’s important to be as discreet as possible during the application process. You can even contact organizations like the National Domestic Violence Hotline to help ensure your safety while applying, as well as a VAWA immigration lawyer.
The Coleman Law Group Can Help You
Now that you know how to prepare for your VAWA immigration case, you may be wondering how to get extra help during this time period. The Coleman Law Group has you covered. We have a team of experienced VAWA attorneys who can offer you personalized help throughout the process of applying for VAWA immigration. Contact us now to learn more.
