Today, let’s look at an important topic that often remains shrouded in silence – how a VAWA attorney can help you overcome common application challenges. As you probably know already, the path towards winning a VAWA case has its challenges and obstacles. And the earlier you understand these potential stumbling blocks, the easier the process becomes for you.
But beyond understanding the challenges, you must also learn about how to overcome them, and that’s where an experienced VAWA attorney can help. In today’s article, we’ll not only review some of these challenges; we’ll also explain how a VAWA lawyer can help you get through them. But before we dive properly into it, let’s briefly explain what a VAWA visa is.
What is a VAWA Visa?
Signed into law in 1994, VAWA is a ground-breaking piece of legislation formulated to protect victims of sexual assault, domestic abuse, and other forms of abuse. This legislation acknowledges the unique challenges faced by immigrants in the United States. Thus, it offers a part for such victims to gain legal status in the United States. Since its enactment, the VAWA law has remained consistent in revealing issues of domestic violence. It has also continued to provide the needed framework to support and protect victims.
Who Qualifies for a VAWA Visa?
Before applying for a VAWA visa, it’s important to be sure whether you qualify for it. Unfortunately, eligibility hinges on quite a number of criteria. Firstly, you must prove that the abuser is your direct relation through whom you’re staying in the United States. The abuser must also be a United States citizen or a lawful permanent resident. It is also important to recognize the various forms of abuse that VAWA addresses. They include:
- Physical abuse
- Psychological abuse
- Emotional abuse
- Financial abuse
Why is It Sometimes Difficult to Get a VAWA Self-petition Approved?
VAWA is a self-petitioned case, but that’s not to say it’s as easy as it sounds. One of the biggest challenges for most applicants is the tons of supporting documents required. Abuse victims may be hesitant to collect some of the documents required (especially those related to the abuser or their situation). This hesitation is understandable because most victims do not want their actions to alert the abuser and potentially escalate the situation. Thus, they’d rather lay low than pursue their case to a detailed conclusion.
Additionally, we’ve seen cases where abusers intentionally withhold required documents so they can continue to maintain control. Imagine needing to get documents that prove your abuser’s citizenship, for example. Well, that’s where a VAWA attorney comes in. They’ve been trained on the right techniques to help you retrieve all required documents. There’s so much a VAWA attorney can do to make the process easier and smoother for you. We’ll review some of them in the next section.
How Can a VAWA Attorney Assist You to Overcome Common VAWA Challenges?
VAWA law allows self-petitioning, so it’s understandable if you’re tempted to do it all alone. But do you really want to go through the rigorous process alone? Most past petitioners recommend seeking legal counsel before and during the process since their counsel will give you the best shot at succeeding. An immigration attorney understands how it works, so they can always help you with different parts of the petition. Some of the challenges a VAWA attorney can help you handle include:
Information organization
The process of applying for VAWA immigration is rigorous already. Add that to the emotional trauma you’re probably already going through, and you can see why you may mix things up at some point. However, an experienced VAWA attorney is already used to the process. They know what information is required in each stage. They can even help clarify confusing parts of the self-petition form for you. Their first goal is to ensure you don’t make any mistakes that will undermine your case, and they’ll do everything to achieve that.
Persuasive writing
Judges don’t make their decisions based on emotions. Instead, their decision is based on the quality of your arguments and the number of evidence you can present to them. They want you to prove to them that you’ve truly been abused, and that’s why the petition typically includes a personal statement. While they expect you to use your own words in this section, they can’t stop you from getting advice from your lawyer. Your lawyer can recommend the best way to craft the document so that it presents a very clear picture of the abuse you’ve suffered.
Requesting documents on your behalf
We’ve talked about how difficult it can be to request and handle all the documents involved. A VAWA attorney can do the heavy lifting for you. They’ll take it upon themselves to request and receive all the required documents on your behalf. This includes handling all correspondence with government agencies. The most significant benefit of allowing them to handle correspondence is that they’ll do it in a way that doesn’t alert the abuser of your actions.
Guidance through the remaining parts of the immigration process in case of a successful petition
The VAWA petition is just one of the several steps towards citizenship. Your VAWA attorney knows this and will be ready to help you beyond the first step. So, it’s important to have a VAWA attorney in your corner from the start to avoid the delays that often come between VAWA’s success and moving to the next step.
Coleman Law Group Can Help You
By now, you already know the importance of having an expert guide you through the VAWA process. But how do you find the perfect VAWA attorney? The experienced lawyers at Coleman Law Group will minimize the risk of critical errors and increase your chances of getting a successful outcome. We know the processes involved, and we’re ready to walk you through them. Contact us today to learn more about how we can help you.
