While you may feel trapped in your current situation, VAWA provides a means for you to obtain legal permanent resident status and the option to leave your toxic situation. However, because there are so many important factors in Lombard VAWA cases, an attorney may be required and could help you gather the necessary evidence required for this visa while maintaining your confidentiality.
Critical Factors for VAWA Cases
An immigration attorney considers not only that the client meets the criteria for VAWA, but they would also look at reasons for denial, reasons regarding inadmissibility, whether the person had any crimes in the past, and whether waivers would have to be requested to move forward with the case.
Qualified attorneys would look at whether someone meets all of the basic requirements for his or her case because there are three different types of people who may apply. Attorneys would look to see if it is a spouse, a child, or is a self-petitioning parent of an abused child of a US citizen, and in each case, whether they meet the requirements. Additionally, attorneys would look at reasons for denial on the grounds of inadmissibility and then, at how to build the case and the strengths of it.
Failure to Provide Supporting Evidence
A person who meets the requirements, but cannot provide supporting evidence should meet with an attorney. Often, information cannot be proven in writing, and in those instances, obtaining affidavits not just from the applicant, but from people the applicant knows or who knows of the relationship, could be supportive evidence.
Required Supporting Evidence and Documentation
The supportive evidence that would be required depends on the individual. If it is a spouse applying, the attorney would have to show evidence of good moral character, and the marriage to the US citizen or an LPR. Attorneys and victims must show that the marriage was entered into in good faith and have to show evidence of battery or extreme cruelty that was committed by that spouse.
Attorneys and victims would need to show residence either in the past or the present with that US citizen or spouse and his or her current residence in the United States. If it is the child applying, less evidence would be required, but the person would still have to show good moral character, a parent-child relationship, and past or present residence with the US citizen or LPR spouse who was the abuser.
Finally, if it is a parent applying, the lawyer, similar to the child, would need to show good moral character and that they are the parents of the abused child, including step-parents or adoptive parents. Then, the attorney would have to show eligibility to be classified as an immediate relative, meaning the US citizen abuser must be at least 21 years of age, resident of the United States, and a citizen daughter or son or current residence with them. Then victims must show they have been subject to battery or extreme cruelty by that US citizen son or daughter.
Commonly, either the person needs to be a victim of battery, such as a battered spouse, or is subject to extreme cruelty to be eligible for VAWA. But, that does not necessarily mean the person must be physically hurt to be eligible.
Working with Victims Who Have Trouble Substantiating Abuse
When an attorney is working with a victim who has minimal to no hard evidence about their situation, that is where developing affidavits, working with a therapist or a psychologist, and getting creative about proving the nature of the allegations comes into play. No one plans for that, so in most situations, an attorney would have to get creative with obtaining affidavits and other ways to prove what is going on is either battery or extreme abuse.
Reach out to an Attorney for Help
When someone you trusted to help you immigrate to the U.S. abuses and harm you psychologically, you may feel as though your path to citizenship, among other options, may be closed to you. This is not the case. The U.S. provides special visas for victims of abuse and allows for them to stay in the county despite an abusive marriage. However, there are many important factors in Lombard VAWA cases. So many that it could be beneficial to work with an experienced legal representative. Call today to schedule your confidential consultation.