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San Francisco VAWA Self-Petition Lawyers

Rights of Immigrants Under the Violence Against Women Act

The Violence Against Women Act (VAWA) is a crucial law that provides protection and relief for immigrants who are victims of domestic violence. Immigrants who have suffered abuse may be able to self-petition for lawful permanent residency and receive Green Cards without relying on sponsorship from the person who committed the abuse. For immigrants who are seeking refuge and stability, the compassionate attorneys at Hafey & Karim can assist with the VAWA self-petition process. We will work to ensure that victims of domestic violence will be able to live in safe, healthy environments while avoiding deportation or other penalties.

Rights of Immigrants Under the Violence Against Women Act

VAWA grants important rights and protections to immigrants who are victims of domestic violence. People of any gender who have been the victims of domestic abuse can receive protection. The rights that are afforded under VAWA include:

  • Confidentiality: Information provided in a VAWA petition is kept confidential and is not shared with the abuser.
  • Protection from deportation: While a VAWA petition is pending, an immigrant will generally be allowed to remain in the U.S., and interacting with immigration officials will not put them at risk of deportation.
  • Work authorization: Immigrants with approved VAWA self-petitions may apply for employment authorization, which will ensure that they will be able to support themselves and their families.
  • Access to public benefits: Approved VAWA self-petitioners may qualify for certain public benefits, including housing assistance and food programs, which can provide crucial support during the transition to independence.

Self-Petitioning for a Green Card Under VAWA

Victims of domestic violence can file a VAWA self-petition (Form I-360) to obtain a Green Card without the involvement of their abusive family member. The eligibility criteria for filing a VAWA self-petition include:

  • Relationship to the abuser: The petitioner must be the immediate relative of a U.S. citizen or lawful permanent resident who has subjected them to violence or abuse. This relationship may be proven through documents such as marriage licenses or birth certificates.
  • Residence: The petitioner must have resided with the abuser at some point. This can be proven through documents such as mortgages, leases, utility bills, or bank statements.
  • Evidence of abuse: A person may qualify for relief under VAWA if the abuse they have suffered involved extreme cruelty or battery. Documents proving abuse occurred may include court records, police reports, medical records, or orders of protection.
  • Good moral character: The petitioner may submit background checks or police clearance documents to demonstrate that they have not been convicted of any crimes that may call their moral character into question.

Once the I-360 petition is approved, the petitioner can then apply for adjustment of status to obtain their Green Card.

How an Attorney Can Assist with VAWA Self-Petitions

Navigating the complexities of the VAWA self-petition process can be overwhelming, especially for those who are dealing with the trauma of abuse. An attorney with experience in VAWA cases can provide invaluable support and guidance. Here are some ways Hafey & Karim can help address these issues:

  • Legal guidance: We can explain the rights and protections available under VAWA, ensuring that clients understand their options and the steps involved in the self-petition process.
  • Document preparation: We can gather and prepare the necessary documents to demonstrate a qualifying relationship with a U.S. citizen or Green Card holder, provide evidence of abuse, and ensure that immigration officials have all the information needed to make a decision regarding the self-petition.
  • Representation: In addition to ensuring that Form I-360 is submitted correctly, we can provide legal representation in hearings or other interactions with immigration officials.
  • Emotional support: Our team will provide compassionate assistance throughout the immigration process, helping domestic violence victims feel empowered and confident in their pursuit of safety and legal residency.

Contact Our San Francisco and Dallas VAWA Self-Petition Attorneys

In situations involving domestic violence, it is important to know that you have rights. Understanding your options under the Violence Against Women Act can ensure that you will be able to avoid issues that could affect your immigration status. At Hafey & Karim, we can provide the legal help you need during the VAWA self-petition process. We will work closely with you to understand your situation, gather the necessary evidence, and ensure that your petition is submitted correctly. We understand the challenges and fears you may be facing, and we are here to support you every step of the way. For a free, confidential consultation, reach out to us today.

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