Victims of Domestic Violence Attorneys in Carrollton
Understanding the Provisions of VAWA
The Immigration and Nationality Act (INA) was amended by the Violence Against
Women Act (VAWA) to allow abused spouses, children, or parents to apply
for an immigrant visa petition. If you believe you may qualify for this
Nathan Christensen P.C. Our Carrollton
immigration attorneys have helped many victims of family violence apply for visas to better
To learn more about eligibility, call
(972) 497-1017 or
contact us online to discuss your situation. Our Carrollton VAWA domestic violence lawyers
here to help.
Se habla Español.
VAWA Provisions in the INA
The VAWA provisions of the INA allow certain abused family members of U.S.
citizens and permanent residents to file an immigrant visa petition. The
petition can be filed without the abuser’s knowledge, which offers
an added level of safety and independence for the victim of abuse.
Determining Eligibility for Abuse Victims
Although VAWA stands for the Violence Against Women Act, the provisions
in the law apply equally to applicants who are male or female. The law
was passed to help immigrants who may feel trapped in an abusive relationship
as a result of their immigration status. If you are the victim of domestic
violence and your spouse is threatening to call immigration officials
if you leave, it is important to know that you have options. Our VAWA
domestic violence attorneys in Carrollton can explain the law, as it pertains
to your situation.
Individuals who are eligible to file include:
Spouses – Abused spouses of U.S. citizens or permanent residents may file
and spouses with children abused by their U.S. citizen or permanent resident
spouses. If you have unmarried children under the age of 21, they can
be included in your petition.
Children – Unmarried children under 21 can apply for themselves if they were
abused by a parent who is a U.S. citizen or permanent resident. A child
may file after age 21, but before age 25, if they can demonstrate that
the abuse resulted in the delay in filing. Children may also be included
in your petition.
Parents – Individuals who have been abused by their U.S. citizen sons or
daughters are eligible to file.
It is important to get sound legal advice and learn about your legal options.
Abusers often use immigration status to prevent victims from leaving,
so many believe they are trapped. Let VAWA lawyers near you help determine
if you qualify for immigrant status under the provisions of VAWA.
What Do I Need to Prove My Case?
If you are self-petitioning and have an abusive spouse, you will need to
prove additional information.
Below is a list of proof needed of VAWA self-petitioner spouses:
- You must be admissible to the U.S.
- Able to prove the abuser's immigration status (U.S. citizenship or lawful
- Existence of a "bona fide" marriage
- Clearance letters that prove that you have good moral character
- You lived with the abuser (there is no specified amount of time required for this)
- The abuse happened during the marriage
- You were battered or suffered cruelty by the abuser
- The abuse happened in the U.S.
- You reside in the U.S. or you qualify for filing abroad
Call the National Domestic Violence Hotline for Information
In the meantime, help is available from the National Domestic Violence
Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline can provide
you with information about shelters, legal advice, filing for immigrant
status, mental healthcare, and other types of assistance that may be available,
however it is also advisable to contact experienced VAWA lawyers near
you as well.
If you have been a victim of domestic violence by a spouse or parent,
contact us at
(972) 497-1017 to consult with Carrollton VAWA lawyers near you at Nathan Christensen P.C.
Spanish services are available.