United States law has protections in place for legal and undocumented immigrants who are victims of crimes. This includes battered spouses and children, who can apply for a special rule of cancellation of removal.
However, there are specific documents necessary for filing for cancellation of removal and visas. A skilled visa lawyer could assist you with understanding what the visa eligibility requirements for a battered spouse or child in Aurora are and see your case all the way through to the end.
The process for filing for battered spouses and children is similar to other visas in that they will need to file the same paperwork with the immigration judge. However, it does differ in some other circumstances. For instance, they will need to show credible evidence regarding their relationship and show that there was a state marriage, in the case of spouses.
The elements a married victim would need to provide to obtain a visa would include proof that they are a spouse or a child of a U.S. citizen and have been subjected to extreme cruelty by a spouse or parent who is a citizen or a legal permanent resident.
If a parent or a child has been battered or subjected to extreme cruelty, the applicant will need to show that they has been physically present in the U.S. for a continuous period of the last three years before the date of the application, and that they have had good moral character during those three years.
They will also need to show that they are not inadmissible under Section 212(a)(2) or (a)(3) of the Immigration and Nationality Act, and that they are not subject to deportation and have not been convicted of an aggravated felony.
If the person has been battered or subjected to extreme cruelty, they do not need to prove that there was a high level of violence, but they would need to show evidence of the crime.
Evidence a victim would need to show could include police reports, letters, or testimony. It should be proved that what occurred can be considered battery and cruelty. Police reports and hospital records are very solid pieces of evidence and should be obtained for the case, if possible.
Anything that shows the aspects of the relationship is important as well. If there was some type of physical harm committed to them, including emotional harm, it can corroborate the physical evidence and put it into context. This type of proof can come from testimony from themselves or from other witnesses.
If an individual has a therapist, this can provide an expert opinion and help to strengthen the case. The judge will be able to see that there is evidence supporting the claims and that they have good moral character. A local immigration attorney can help the client file an application, represent them in court, prepare them for testimony and argue their case.
If someone is a battered spouse or child and their application has been denied, an immigration attorney would be helpful, because they can determine whether they could apply under VAWA or any other type of visa and or any other protection that the law would provide for them.
If remaining in the United States is what you want, then by choosing to work with our firm, you have an immigration attorney on your side to help you achieve your outcome and protect your rights.
The visa eligibility requirements for a battered spouse or child in Aurora can be confusing and hard to reach without legal guidance. A dedicated representative is ready to work with you from start to finish and advocate for your rights. Call our firm today to learn more about your available options.
