Chicago VAWA Lawyer

Helping Victims of Abuse With Citizenship and Immigration Services

Unfortunately, many abused alien spouses or their children remain with their abuser because they fear deportation or potentially losing their chance to become lawful permanent residents. In other cases, an immigrant lives in fear due to threats made against them by their abuser.

However, in 1994, Congress realized that abuse was becoming a widespread problem in immigrant communities and subsequently passed the Violence Against Women Act (VAWA). The Act allows spouses, both male and female, and unmarried children who have been abused by their U.S. citizen or permanent resident spouses the right to file a VAWA self-petition for legal status. However, the applicant must have suffered physical abuse or sexual abuse by the U.S. citizen or lawful permanent resident spouse or parent.

Suppose you or a family member have suffered abuse and wish to file a VAWA self-petition. In that case, it is always best to hire an experienced immigration lawyer to assist you with the complicated application process.

Contact Gilliam Law of Chicago, IL, and ask to schedule a Case Consult to discuss your case with our VAWA immigration lawyer.

What Are the Eligibility Requirements to Obtain a VAWA Visa?

The VAWA petition is a way to help those who have suffered abuse; the U.S. Citizenship and Immigration Services (USCIS) has several eligibility requirements that must be met for individuals to qualify for VAWA protection.

Spouses and Children

The VAWA self-petitioner must have been legally married to their current or former spouse within two years of filing a petition.
The battering or extreme abuse of the spouse or child must have occurred in the U.S. unless the abusive spouse is a member of the U.S. armed services or a government employee.
The applicant must have resided with an abusive spouse or parent in the U.S. unless the spouse/parent is a service member or a government employee.

Parent

The applicant has been abused by their U.S. citizen son or daughter.
The applicant has resided with the abusive son or daughter.
The applicant is the parent of a current U.S. citizen son and daughter, a parent of a son or daughter who lost or renounced their citizenship status due to a domestic violence incident, or a parent whose child died within two years of filing a VAWA petition.

For more information about VAWA eligibility requirements, contact Gilliam Law and ask to schedule a Case Consult, confidential case evaluation.

What Type of Evidence Must Be Provided to File a VAWA Application?

Even if you are a battered spouse or child of a U.S. citizen or permanent resident, you will still be required to submit evidence to the USCIS when you file a self-petition.

The evidence that is required includes:

Two passport-style photos must be included with the application.
A copy of your passport or birth certificate.
Proof that you hold a green card or are a lawful U.S. citizen.
Proof that you are the spouse, child, or parent of the abuser.
Proof that you either reside with the abuser or did live with them in the past two years.
Proof that clearly demonstrates you suffered abuse and that you currently reside in the U.S.
Any supporting documents provided by law enforcement officials or friends that attest you are of good moral character.

Finally, one of the most essential pieces of evidence is an emotional abuse letter, also called a declaration letter, which describes your relationship with the abuser and details of the abuse that was inflicted. If the abuser is your spouse, the letter should also provide information on how you met and that you chose to marry in good faith. The letter should also provide details of the type of abuse as well as places, dates, and times where the abuse occurred.

You should never attempt to write a declaration without the help of a knowledgeable VAWA immigration lawyer who can advise you.

How Long Does it Take to Process VAWA Applications?

VAWA processing time for self-petitions can greatly vary based on several factors. Some of the most common reasons are:

However, in most instances, it can take anywhere from 24 to 36 months for the USCIS to process a VAWA self-petition.

Furthermore, one of the most significant advantages of hiring an immigration lawyer is they can petition for VAWA cancellation of removal to halt any USCIS proceedings that may be ongoing for victims who have suffered abuse.

Regardless of your current immigration status, you must hire a highly qualified lawyer who can provide solid legal representation and protect your legal rights.

Gilliam Law has extensive experience assisting self-petitioning clients in filing their VAWA applications and composing their declaration letters. Contact our Chicago. IL law offices to learn more about how we can help.

What Are the Advantages of Hiring Your VAWA Immigration Attorney to Help Me With My VAWA Case?

Gilliam Law is dedicated to those who have been abused by their spouses, parents, or children to obtain the safety and peace of mind they deserve. Our legal team also recognizes that sexual abuse may also occur if the spouse or parent forces the victim into prostitution. For this reason, our staff strives to ensure that all clients are treated with the care and compassion they deserve.

Our legal team can help you file a VAWA application and gather all necessary supporting evidence to strengthen your case. Furthermore, if we are successful and your VAWA application is approved, we can also assist you with obtaining other immigration benefits, such as work authorization and a VAWA green card.

The first step in escaping the abuse you have suffered is to speak with an experienced VAWA immigration lawyer who can help you begin the VAWA application process. Contact Gilliam Law at our Chicago, IL, law office by calling 866-511-3422 and ask to schedule a case consult, no-obligation consultation to discuss your case.

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