Call Us NowFor immigrants with no legal immigration status who are abused by a U.S. citizen or lawful permanent resident spouse or family member, the Violence Against Women Act (VAWA) offers legal status without the abuser’s involvement or consent. A Boston VAWA lawyer can help you complete your VAWA petition and guide you through the application process.
While its name emphasizes women, VAWA protects both men and women whose lack of legal status puts them at a disadvantage in an abusive relationship. It empowers abuse survivors through a legal process that respects their dignity and values their safety.
That process can also be lengthy and complicated. The timeline for a VAWA petition (Form I-360) to be approved by U.S. Citizenship and Immigration Services (USCIS) fluctuates. You can expect a lengthy process, from one to four years, and in some cases longer.
What is a Prima Facie Determination?
It may take as long as two months for you and your Boston VAWA attorney to complete your VAWA petition. You must include evidence of abuse and your relationship to the abuser. Your attorney will file your petition, affidavits, and supporting documents.
Typically, two to four weeks after you submit a VAWA petition, USCIS will notify you of receipt. Within three to nine months, USCIS normally makes a prima facie determination that a petition meets the basic eligibility requirements.
A prima facie determination can unlock public benefits and allow you to apply for work authorization. These advantages can be vital for those trying to escape abusive situations, but a prima facie determination does not mean that your VAWA petition is approved.
What Else Does the VAWA Process Require?
A prima facie determination only means that your petition seems persuasive enough at first glance to move on to the next steps. A prima facie determination may provide temporary relief and benefits while USCIS is making a final decision about your immigration status.
Next, you’ll face a detailed review with extensive background checks. In some cases, USCIS may require an in-person interview. Your Boston VAWA attorney can help you fully prepare if an interview is required.
Your detailed review and final decision can take from 12 to 48 months or more from your original filing date. If you plan to apply for a green card after receiving VAWA protection, petitioning for a green card can add another two years or more to the overall process.
Why Are VAWA Petitions Denied?
USCIS may deny a VAWA petition for several reasons, including:
- Insufficient proof of abuse or cruelty: The evidence is inconsistent, vague, or minimal. USCIS requires credible, detailed evidence (such as medical records, police reports, counseling notes, or affidavits from witnesses) to substantiate an abuse claim.
- Failure to prove a qualifying relationship: Not providing precise and reliable proof that a marriage or parent-child relationship existed with the abuser or that the petitioner lived with the abuser at some point in the U.S.
- Lack of good moral character: VAWA petitioners must show they possess good moral character. Convictions for certain crimes may result in the denial of your VAWA petition or a finding of inadmissibility.
- Filing mistakes, incompleteness, or missed deadlines: Submitting incorrect forms, sending the application to the wrong place, failing to respond to a Request for Evidence or Notice of Intent to Deny, or missing an interview or biometrics appointment.
- Fraud or misrepresentation: Submitting forged documents, fabricated stories, or inconsistent information almost always results in a denial and may prevent you from accessing immigration benefits in the future.
How Do Immigration Attorneys Help VAWA Petitioners?
Immigration lawyers, particularly those experienced with VAWA cases, play a crucial role in helping petitioners through the sensitive and complicated VAWA application process:
- Eligibility assessment: Your attorney can determine if you meet the VAWA eligibility requirements based on your relationship with the abuser, the nature of the abuse, residency, and good moral character.
- Evidence collection and case strategy: Attorneys assist VAWA petitioners in gathering evidence that may extend beyond police reports. Such assistance includes preparing sworn statements and supporting documents to form a strong, consistent narrative.
- Accurate filing and documentation: A Boston VAWA lawyer ensures all USCIS forms are correct and complete to avoid common errors that lead to Requests for Evidence (RFEs) or VAWA petition denials.
- Responding to USCIS: Let your attorney handle all communication with USCIS, including any challenges or questions raised in an RFE or a Notice of Intent to Deny.
- Confidentiality and safety: Immigration attorneys understand the sensitive nature of a VAWA case, ensuring the confidentiality of the petition and advising the petitioner on the legal steps necessary to obtain protection from the abuser.
When your VAWA petition is approved, your attorney can help you begin the subsequent process of applying for a green card.
What Else Should You Know About VAWA?
If you divorce, you must file your VAWA petition within two years of the date the divorce is final. A VAWA petitioner who has survived abuse must wait to remarry until USCIS approves (or rejects) the petition.
USCIS rejects your VAWA petition if you remarry while the petition is pending, because remarriage breaks the relationship that qualifies you for VAWA protection.
Toland Law Will Help You Seek VAWA Protection
If you’re an immigrant and you have survived abuse from a spouse or immediate family member who is a citizen of the U.S. or a lawful permanent resident, an attorney at Toland Law will help you prove to USCIS that you are an abuse survivor eligible for VAWA protection.
After your VAWA petition is approved, Toland Law will help you acquire a green card. If you are seeking naturalized U.S. citizenship, we will help you achieve this goal and ensure that no errors or misunderstandings on your part delay the process.
Immigration laws are complicated and constantly changing, but the help you may need is just a phone call away. If you’re an immigrant and an abuse survivor, schedule a free consultation with the immigration team at Toland Law by calling 857-347-3701, and let us help.
