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Top Class Miami VAWA Attorney to Help Immigration Survivors of Abuse
Immigrants, in the US, often face domestic violence. Their US spouses or other family members might think that they are above the law and subject their non-US spouses to abuse which often includes intimidation because of their immigration status. In extreme cases, this cruelty includes battery.
To prevent this from happening, Congress passed the Violence Against Women Act (VAWA) in 1994 which allows battered spouses, children, and parents of U.S. Citizens to file a petition for themselves.
VAWA was most recently reauthorized in 2022 and introduced groundbreaking provisions to strengthen and modernize the law.
Domestic abuse also called ‘domestic violence’ or ‘intimate partner violence,’ can be defined as a pattern of behavior in any relationship that is used to gain and maintain control over an intimate partner. Abuse can take the form of physical, emotional, sexual, economic, or psychological actions or threats of action that influence another person.
These types of domestic violence can happen to anyone of any race, age, gender, sexual orientation, or gender.
A Miami VAWA attorney can help you with filing the petition and make the whole process easy, smooth, and comfortable. People who qualify for VAWA can apply for legal status in the U.S. and obtain a work permit and driver’s license while waiting for their case to be processed.
Who is Eligible to Apply for VAWA
The Violence Against Women Act (VAWA) allows certain individuals who have experienced abuse to file for immigration relief without the assistance or knowledge of their abusive family member. Below are the eligibility criteria for VAWA self-petitions:
Spouse
- You may apply if you are, or were, the abused spouse of a U.S. citizen or lawful permanent resident.
- If your child was abused by your U.S. citizen or permanent resident spouse, you are also eligible to file as an abused spouse.
- You can include your unmarried children under 21 on your petition if they have not filed for themselves.
Parent
- You may file if you are the parent of a U.S. citizen and have been abused by your U.S. citizen son or daughter who is 21 years or older.
Child
- You may apply if you are under 21, unmarried, and were abused by your U.S. citizen or permanent resident parent.
- Children of abused applicants can be included on the petition.
- If you are between 21 and 25, you may still file if the abuse caused a delay in submitting your petition.
General Eligibility Requirements
To qualify for a VAWA self-petition, you must meet the following criteria:
Qualifying Relationship
Abuse
Residency
Good Moral Character
Qualifying Relationship
- You are or were the spouse, child, or parent of an abusive U.S. citizen or permanent resident.
- For spouses, your marriage must meet one of the following conditions:
- Currently married to the abuser.
- The marriage ended within the past two years due to abuse-related divorce or the death of the U.S. citizen spouse.
- The abusive spouse lost or renounced their citizenship or residency within the past two years due to domestic violence.
- You believed you were legally married, but the marriage was invalid due to your spouse’s bigamy.
Abuse
You experienced battery or extreme cruelty during the qualifying relationship. If you’re applying as a spouse, your child’s abuse by the U.S. citizen or permanent resident also qualifies.
Residency
You currently reside or previously resided with the abuser.
Good Moral Character
You must demonstrate good moral character.
- You are or were the spouse, child, or parent of an abusive U.S. citizen or permanent resident.
- For spouses, your marriage must meet one of the following conditions:
- Currently married to the abuser.
- The marriage ended within the past two years due to abuse-related divorce or the death of the U.S. citizen spouse.
- The abusive spouse lost or renounced their citizenship or residency within the past two years due to domestic violence.
- You believed you were legally married, but the marriage was invalid due to your spouse’s bigamy.
You experienced battery or extreme cruelty during the qualifying relationship. If you’re applying as a spouse, your child’s abuse by the U.S. citizen or permanent resident also qualifies.
You currently reside or previously resided with the abuser.
You must demonstrate good moral character.
Why Hire a Miami VAWA Attorney
Hiring a Miami immigration lawyer for victims is vital for all immigration cases, but it is especially crucial for VAWA cases. These cases often rely heavily on the applicant’s personal testimony and supporting evidence, which can be challenging to present effectively without professional guidance.
A Miami VAWA attorney can provide:
Guidance on Evidence
Many VAWA cases lack police reports or restraining orders. An experienced attorney can help identify other critical evidence, such as letters from immigration psychologists to document emotional or psychological abuse.
Support Through the Process
Navigating the VAWA application process can be lengthy, emotionally draining, and complex. An attorney offers objective support, helping you craft a strong and compelling case.
Peace of Mind
After filing, your attorney can track your case, provide updates, and ensure everything aligns with government processing times. This allows you to focus on healing and rebuilding your life.
Partnering with a dedicated Miami Violence Against Women Act (VAWA) Lawyer ensures you have compassionate, experienced guidance every step of the way, giving you the confidence and support you need during this challenging time.
Connect With One People Law for Vawa Immigration Attorney in Miami
If you are an immigrant and are facing domestic violence from your U.S. spouse, One People Law can help you. Our top-rated VAWA lawyer in Miami can help you navigate through complex legal procedures and guide you in the right manner.
A good Miami VAWA attorney from our law firm One People Law can handle all complex cases with ease. They are well-versed in the complexities a VAWA case may present itself with and have the knowledge, experience, and skills to handle all complex VAWA cases.
Connect with us today and let our competent VAWA Immigration Attorney in Miami show you the way to a better future.