A battered spouse, child or parent may be eligible to be granted legal status in the U.S. and receive an immigrant visa or "Green Card" as a result of the Violence Against Women Act (VAWA).
Who Is Eligible To File?
The VAWA provisions allow certain partners, children, and parents of U.S. citizens and some spouses and children of permanent residents (Green Card holders) to seek permanent residency without their abuser's knowledge.
If you are the abused spouse of a U.S. citizen or permanent resident, you may file on your own behalf. You may also file if your child has been abused by your spouse, if your child is unmarried, under 21, and has not already filed for him or herself.
Parents of U.S. citizens may file an immigrant visa petition if they have been abused at the hands of their U.S. citizen son or daughter.
Finally, an abused child may file an immigrant visa petition if the abuse occurred at the hands of a U.S. citizen or permanent resident parent. Typically, a child must file before the 21st birthday, but there are provisions which allow for filing until the age of 25, if the child can demonstrate that the abuse was the central reason for the delay in filing.
The Process Of Filing An Immigrant Visa Petition Under VAWA
There are certain qualifying criteria that must be satisfied when filing an immigrant visa petition under the VAWA provisions. Typically, these include demonstrating the qualifying relationship between the abused party and the U.S. citizen or permanent resident, and providing evidence of the abuse.
A skilled attorney can help you determine if you have a strong case to present to the U.S. government, and can help you assemble necessary evidence and present it in the strongest light.
We Fight For The Rights Of The Abused
At The Law Office Of Jillian Yanes, P.A., we take VAWA cases extremely seriously, and aggressively fight for the rights of our clients. Contact our Naples, Florida, office at 239-449-6202 or complete our online contact form to schedule your consultation and speak with an experienced, dedicated lawyer.