BATTERED SPOUSE PETITION (VAWA)

Through the Violence Against Women Act, the Immigration and Nationality Act allows abused spouses, children, and parents, to self-petition for an immigrant visa as victims of abuse, and without their abuser’s knowledge. Despite the name, VAWA applies equally to male victims as well as women.

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The Violence Against Women Act (VAWA) of the INA allows certain victims of domestic violence to seek refuge and independence from their abuser. This amendment is permanent, never requires reauthorization by Congress, and is meant to help women and men equally.

As the battered spouse, child, or parent of a United States citizen, or the spouse or child of a green card holder, you could be eligible to petition for yourself without your abuser ever being notified.

WHO IS ELIGIBLE?

As a spouse, you could be eligible to self-petition if you or your child have endured physical abuse or exceptional cruelty from an abusive U.S. citizen or green card holder spouse. Provided you married your spouse in good faith, you have lived with your spouse, and you are someone of upstanding moral character, you may qualify even if:

  • The abusive marriage ended due to death or divorce (because of the abuse) within 2 years of your filing the petition, or
  • Your abuser lost or gave up his or her citizenship or residency because of domestic violence within 2 years of your filing the petition, or
  • The marriage was not legitimate due to your spouse’s bigamy, as long as you believed you were legally married.

As a child, you could be eligible to self-petition if you have endured physical abuse or exceptional cruelty at the hands of a U.S. citizen or lawful permanent resident parent. Provided you have lived with that parent and are someone of good moral character (children under age 14-years are assumed to be), you may qualify even if your abusive parent lost citizenship or residency because of an act of domestic violence.

As a parent, you could be eligible to self-petition if you have endured physical abuse or exceptional cruelty at the hands of a U.S. citizen son or daughter (offspring). Provided you have lived with your abusive offspring who is aged 21-years or older and a U.S. citizen, and you are someone of upstanding moral character, you may qualify even if:

  • Your U.S. citizen offspring lost or gave up their citizenship because of an act of domestic violence, or
  • Your U.S. citizen offspring who was 21-years or older died within the 2 years preceding your petition.
What is a VAWA self petitioner?

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status without relying on abusive U.S.citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status applications.

Should You Apply for a U Visa or for VAWA?

If you are the victim of a violent or serious crime, determining which of these immigration categories is the best match for you given your circumstances can be difficult. U.S. immigration law provides visas allowing victims of crimes to stay in or even come to the U.S. and testify or otherwise assist in law enforcement efforts:

  • the “U” visa for victims of serious crimes
  • the Violence Against Women Act (VAWA) self-petition for abused spouses and certain parents and children of U.S. citizens and permanent residents.

if you are the victim of domestic violence, you may be eligible for either a U visa or the VAWA self-petition.

How long does VAWA take to be approved?

USCIS doesn’t provide a timeline, it can generally take anywhere from 6 months to 24 months to approve

How long does it take to get an interview for asylum?

Beginning on January 29, 2018, the Immigration Department for Asylum (USCIS Citizenship and Immigration Service Group) will give priority to the newest applications when assigning interviews.
Such a change in the schedule of interviews will make it possible to weed out those applicants who use groundless statements and try to use this process solely to obtain a work permit and will enable the USCIS to immediately identify such persons and begin the process of their deportation. In reality, the new Priority will allow the USCIS to make decisions on qualified asylum seekers more quickly and efficiently.

Contact Attorney J.Greenberg

    Call today for a free VAWA consultation

    The VAWA process is very complicated, so the best chance of success comes by working with an experienced immigration attorney. We are highly experienced in US immigration law. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible.  We know how difficult and heart wrenching the VAWA process can be, and we will be with you every step of the way.

    Your citizenship and your residency status is something you should entrust to a professional. Call the top New York Immigration Attorneys at toll free at  (888) ZONTLAW / (888) 9668529

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    are likely eligible for, just by answering a few simple questions. After that, our system will allow you to register in our online client portal for free; with the assigned case you’re likely eligible for. You’ll be able to begin working on your case for free, by filling out our easy to understand forms (that become official USCIS forms) automatically, with our software. If you like our system and want to retain us for our Attorney Application Review service, you will be able to sign our representation agreement electronically and make your first payment.

    Schedule and have your Initial Consultation with your Attorney

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    consultation with your attorney. Your attorney will then contact you on the date and at the time you select. During the Consultation, your attorney will verify that you are indeed eligible for the case our software assigned, and that it is the best option for you. They will then instruct you on how to properly continue to fill out your assigned Immigration Forms, and about any required or recommended supporting documentation for your case type. Your attorney will also seek to address any questions or concerns you may have, about your individual process and petition

    Finish completing your Forms, your Attorney Checks your Petition, and you Submit

    You will use our innovative software system to continue to fill out the necessary forms for

    your case, and any supporting documentation. Then when you have completed everything, your attorney will check your USCIS forms for accuracy, completeness, adherence to USCIS standards and procedures, and any possible ineligibility/inadmissibility grounds that might come up. Your attorney will tell you how best to address any problems with your petition that they observe, and then you will make the necessary and/or recommended changes. If you elected for the add-on service of having your attorney check your supporting documentation, they will also give you feedback on that. Once you have made the proper changes, you will print your petition, sign where indicated, and then send it off to USCIS in the pre-addressed and pre-paid envelope, we provide. From there, you’ll only have to make sure to respond to any ensuing correspondence or requests from USCIS, should there be any.
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    Your attorney will contact you as scheduled, for your consultation. They will verify your eligibility for

    the case our software pre-selected, and make sure it is actually the best option for you. Your attorney will detail the steps for handling your specific immigration matter, and render you any necessary and pertinent legal advice. Addressing your questions, and requesting any documents and information that you’ll need you to provide (such as birth certificates), will also be priorities of the consultation. If you did not already retain Zontlaw formally, your attorney will send you a price quote (with the $150 dollar consultation fee deducted from the cost of your representation); after the consultation. You can then formally sign and retain us as your attorneys. After you make your first payment, your attorney will proceed to the next step. If you have already retained us, you’ll make your first payment if you haven’t already (the one after the $150 minimum), and your attorney will automatically proceed to the next step.

    Your Attorney Compiles your Case, you Sign, and your Attorney Submits.

    Your attorney prepares all necessary USCIS forms and any supporting materials in their power. If

    there is supporting documentation that only you as the client have access to (ex: former employer letters), they will tell you exactly what you need to do and provide you with samples, so you can get the correct documentation. Once everything is ready, your attorney will compile your case into a professional legal petition, with a cover letter and a table of contents that will please USCIS and/or the other immigration authorities. They will check everything again, and send it to you to print and sign, via our secure online system. You will print and sign your completed case, and mail it to us in the envelope we provide. Your attorney will verify that you signed in the correct places, and they will send it off to the correct USCIS Dropbox, processing center, or other authority. It is possible that USCIS or other immigration authorities may request additional documentation/clarification regarding your petition. Your attorney will handle any such requests, communicating with you as required.
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    IMMIGRATION ATTORNEY JULIA GREENBERG

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    With more than a decade in the field, Julia Greenberg has earned a reputation as a highly successful immigration attorney. Since 2006, she has represented countless corporate and individual clients in complex matters ranging from removal (deportation) to asylum, family, business and investor’s petitions, and employment-based cases.

    Authorized to practice in immigrant courts throughout the United States, Ms. Greenberg may also appear before the 2nd Circuit Court of Appeals, U.S. District Courts for the Southern, Northern, and Eastern districts of New York, and the New York Supreme Court. Ms. Greenberg takes pride in helping clients who have been unable to get satisfactory results elsewhere. Her honesty and compassion, combined with her expertise and vast knowledge of immigration law make her a formidable opponent in court – resulting in a long list of satisfied clients and positive referrals.

    Outside of court, Ms. Greenberg often addresses Congress regarding relevant legislation. She also devotes her spare time to making presentations at local events, where she answers questions for New York’s immigrant community.Ms. Greenberg is a member of the New York City Bar Association, and the American Immigration Lawyers Association (AILA), where she is a member in good standing in its New York Chapter. Ms. Greenberg is also fluent in Russian.

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