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Boston Violence Against Women Act Attorneys Helping Clients Who Are In Abusive Relationships
For many immigrants in the United States, being in an abusive and violent relationship with a U.S. citizen or permanent resident is a reality. Fortunately, our country has laws in place that protect immigrants who are victims of domestic violence.
At Toland Law, LLC, we have a reputation for strongly advocating for the rights of victims and have helped many of our clients successfully navigate the complicated legal system. Because we offer years of experience, we have been asked many questions.
Here are some of the most common questions we have received:
- What is the Violence Against Women Act?
- What needs to be proven to win a VAWA case?
- What kind of evidence can be used to prove the abuse or battery occurred?
What Is The Violence Against Women Act?
In 1994, the Violence Against Women Act (VAWA) was signed by former President Bill Clinton to protect immigrants who are victims of domestic violence and in abusive relationships. In some circumstances, immigrants who are being abused will feel obligated to stay with their abuser because they feel it is their only chance of getting a green card.
Sometimes, the abusers are aware of this and will use the power of the green card to manipulate and continue abusing their victim. The VAWA allows victims of abuse to self-petition, without the help of the abuser.
What Needs To Be Proven To Win A VAWA Case?
To win a VAWA case, the self-petitioning spouse must prove:
- The abuser is U.S. citizen or has a green card
- The abuser was legally married to the victim
- The victim was living with the abuser
- The abuse occurred during the marriage
- The marriage was entered into good faith and not simply for immigration benefits
- The victim is a person of good moral character
What Kind Of Evidence Can Be Used To Prove The Abuse Or Battery Occurred?
When you are filing a VAWA petition, you have to prove that you were subjected to extreme cruelty or were battered by your spouse. It should be noted that the USCIS does take all forms of abuse into consideration, which includes emotional, physical and mental abuse.
Many people believe that to win a VAWA case, you must have a police report, but that is not the case at all. All that is needed is any credible evidence that proves the abuse occurred.
Supplemental evidence that can help your case include:
- Medical and hospital records
- Restraining orders
- Therapist or counselor reports
- Domestic violence shelter paperwork
Another important thing to include is a personal statement that thoroughly describing the abuse, the relationship with the abuser, and your immigration history. A skilled VAWA lawyer will provide more feedback and guidance as to what else would be beneficial to your case.
Contact A Top Violence Against Women Law Firm In Boston, MA
If you are an immigrant who is in an abusive relationship, you have options and do not have to stay in that relationship whatsoever. At Toland Law, LLC, our immigration lawyers will fight to protect your rights and help you move on from this terrible chapter in your life.
We know these are trying times but know that it is only temporary, and help is available. Call us today at (781) 819-3647 or fill out the contact form on our website to schedule a consultation.