Victims of Domestic Violence Attorneys in Coppell

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 status, contact Christensen Immigration Attorneys Our Coppell immigration attorneys have helped many victims of family violence apply for visas to better their lives.

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 Coppell 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 immigration status)
• 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.