If you are a male or female, and have been in or are in an abusive relationship, you may be eligible for immigration benefits. VAWA provides an immigration option to adjust to lawful permanent resident status and obtain a green card through USCIS, and can also be raised in immigration proceedings as a form of relief from deportation.
As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA) which was enacted in 1994, which allows certain spouses, children, and parents of U.S. citizens and certain spouses and children of lawful permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
How To Qualify for VAWA
The VAWA provisions are permanent and do not require congressional re-authorization. That means, if you meet the eligibility requirements, you can qualify to file as a self-petitioner under VAWA if you have been subject to emotional, psychological, or physical abuse, battery, or extreme cruelty at the hands of one of the following:
- A U.S. citizen spouse or former spouse;
- A U.S. citizen parent;
- A U.S. citizen son or daughter;
- A lawful permanent resident (LPR) spouse or former spouse; or
- A lawful permanent resident (LPR) parent.
Call for a Consultation with Pegah Rahgozar
Who is Considered a Spouse Under VAWA
Qualifying as a spouse can get be more tricky. However, generally, a VAWA applicant is considered a spouse under the following circumstances:
- Be married to a U.S. citizen or lawful permanent resident (LPR) abuser;
- Previously been married to U.S. citizen or lawful permanent resident (LPR) abuser and marriage was terminated by death or a divorce within two years of filing petition;
- Had spouse lose or renounce citizenship or LPR status within two years of filing petition due to an incident of domestic violence; or
- Believed he or she was legally married to his or her abusive U.S. citizen or LPR spouse but the marriage was not legitimate solely because of the bigamy of the abusive spouse.
In certain circumstances, the spouse of the U.S. citizen or lawful permanent resident (LPR) may not have suffered the abuse personally, but rather the child suffered the abuse; in this case, the spouse is still eligible for VAWA and may include the child (unmarried and under the age of 21) in the petition.
Who is Considered a Child Under VAWA
The child of the US citizen or lawful permanent resident (LPR) must be unmarried and under the age of 21 at the time of filing the VAWA petition. In limited circumstances, the child may be no older than age 25 at the time of filing, if he or she can prove the delay was caused by the abuse. Additionally, a child qualifies for VAWA if the US citizen or lawful permanent resident parent lost or renounced status in the U.S. as a result related to domestic violence.
Also, it is interesting to note that a child petitioner for VAWA may also include his or her own children in the petition as well.
Who is Considered a Parent Under VAWA
Generally, a parent of a U.S. citizen abuser, who is over the age of 21, may qualify for VAWA. The qualifying relationship for parents applying for VAWA is limited to U.S. citizen children only. A parent may also qualify if the U.S. citizen child renounced status in the U.S. as a result related to domestic violence.
Additional Criteria to Meet for VAWA Self-Petition
In addition to those requirements mentioned above, you must also prove that you:
- Suffered battery (physical abuse) or extreme cruelty (severe emotional, psychological or non-physical abuse) by your U.S. citizen or lawful permanent resident abuse;
- Resided with the abuser; and
- Are a person of good moral character (children less than 14 years of age are presumed to be people of good moral character).
Call for a Consultation with Pegah Rahgozar
How to Prove that You Suffered Battery and/or Extreme Cruelty
Battery and extreme cruelty ranges from various offenses and threats, and includes physical, mental, emotional, and psychological. An applicant should consult an experienced immigration attorney when determining whether a qualifying relative’s conduct is considered “battery or extreme cruelty” under VAWA.
Some common examples of battery or extreme cruelty include, but are not limited to:
- Forceful detention which results in physical or mental abuse;
- Psychological or sexual abuse, including rap, molestation, forced prostitution;
- Homicide (or threat thereof);
- Stalking;
- Aggravated assault; and/or
- Other acts not initially violent, but part of overall pattern of violence
Remember that this list is not exhaustive so you should consult with an experienced and knowledgeable immigration attorney to further document the forms of battery or abuse or extreme cruelty you may have or are suffering.
Sometimes, providing up your eligibility and providing sufficient documentation or evidence can seem difficult to do, especially if you feel that you have no physical evidence to support your claim, such as police reports or photographs of the abuse. These cases rely heavily on being honest and detailed about what you are facing or have gone through at the hands of your abuser.
The Rahgozar Law Firm is here to represent you every step of the way in helping you gather the required supporting documentation for your case so that you can stay in the United States and secure a a green card to stay in the United States. Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to ensuring you bring to light your story and what you have suffered so that USCIS can better understand your case. Ms. Rahgozar can help you obtain a green card, stay and work in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you and your circumstances.
Houston Immigration Lawyer Will Fight for Your Case
Whether you are in the United States, without legal status or with temporary legal status, or you are outside the United States but have suffered abuse at the hands of a US citizen or Lawful Permanent Resident abuser while residing with them in the United States, you may have a right to file a claim for your immigration case. To prepare a proper case and make sure you are eligible for VAWA, contact Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 to discuss your options. Sometimes on these issues, timing is everything, so speak to us as soon as possible about your case!
From initial determination of your best options through obtaining your green card, Pegah Rahgozar will assist you every step of the way and be the advocate you need by your side.
Call for a Consultation with Pegah Rahgozar
Pegah Rahgozar represents individuals in Houston, and surrounding areas, as well as across the great state of Texas. If you reside outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented foreign nationals from all over the United States and across the world.
What is the Process to Apply for VAWA and What are the Benefits?
Because these cases are both time sensitive and sensitive in nature, it is highly recommended that you speak with an experienced immigration attorney about your case and what the necessary next steps are.
As a victim of domestic abuse, you can file a self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant using Form I-360, and you can file without your abusive family member’s knowledge or consent. You can also use a safe and secure address other than your own, especially if you still are living with your abuser and do not want them to find out about you filing an application.
In most cases, the victim of domestic violence must apply while in the United States. In certain circumstances, you may apply for VAWA while you are abroad, if you meet the following exceptions:
- Abuser is a U.S. government employee;
- Abuser is a member of the uniformed services; or
- Applicant suffered batter or extreme cruelty in the U.S.
Once USCIS receives your application, they will issue you a receipt notice as proof that your application has been accepted and is under review. Most applications will also receive a biometrics notice which will allow you to get fingerprinted so that USCIS can review and run background checks on you. During the processing of the case, USCIS may contact you by mail requesting more evidence by issuing a Request for Evidence (RFE) if they feel that your evidence seems weak or if they need more clarification.
In the alternative, if USCIS feels that they are completely unsatisfied with the evidence you’ve presented, they may issue you a Notice of Intent to Deny (NOID) stating the reasons why they want to deny your case, and will allow you a short timeframe with an opportunity to respond to their reasons with more documentation, statements, and supporting evidence. If USCIS is still unsatisfied with your response, then a denial on your case will be issued.
Call for a Consultation with Pegah Rahgozar
However, if you have proven your eligibility with sufficient documentation and support, USCIS will approve your VAWA petition, and you can be granted legal status to stay and work in the United States.
Once Approved, You Can Get Work Authorization and a Green Card!
Once you are approved for the I-360 VAWA petition, you can petition to work and also to receive your green card. On a case-by-case basis, an immigration attorney can help determine whether you qualify to file the I-360 petition on its own and then file for a green card, or to file concurrently for your I-360 and green card petition together.
Need Help Filing Your VAWA Petition? A Houston Immigration Attorney Can Help!
With profound knowledge of immigration law and years of experience in the field, Pegah Rahgozar is able to provide top-notch aid victims facing domestic violence in the Greater Houston area. Don’t hesitate to call Pegah Rahgozar Houston immigration attorney at (832) 792-3636 and talk to the best immigration attorney for a green card.
Pegah Rahgozar is ready to lend a helping hand. She assists individuals based in the Greater Houston area such as the Energy Corridor, Greenway Plaza, The Woodlands, the Galleria Area, Clear Lake, Sugar Land, and other locations.
If you have any issues with the paperwork for your VAWA self-petition or with filing for your permanent residence, feel free to call Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 and make an appointment.
Call for a Consultation with Pegah Rahgozar
Community Resources for Victims of Domestic Violence
The National Domestic Violence Hotline: If you would like to talk to an advocate, we recommend using their Live Chat feature or contact the hotline by phone at 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY).
Advocates who are deaf are available Monday to Friday, 9 a.m. to 5 p.m. (PST) by videophone (855-812-1001), instant messenger (DeafHotline) or email (deafhelp@thehotline.org).
City of Houston’s Family Violence Unit: The Family Violence Unit has a mission to work towards ending family violence in our community. You can learn more about community agencies, protective orders, and stalking and workplace tips by visiting their locations or contacting them at:
Houston Police Department, Headquarters
1200 Travis Street
Houston, TX 77002
(713) 308-1100
Houston Area Women’s Center: The Houston Area Women’s Center is a non-profit organization available to provide services to battered women and children. You can learn more about the services they provide by visiting their office or contacting them at:
1010 Waugh Drive
Houston, TX. 77019
(713) 528-6798
Aid to Victims of Domestic Abuse (AVDA): AVDA is a private non-profit organization that provides services to families that are victimized by domestic violence. You can learn more about the services AVDA provides by visiting their office or contacting them at:
1001 Texas Avenue, Suite 600
Houston, TX 77002
(713) 224-9911
If you feel that you may be a victim of other crimes, then you may be eligible for a U Visa or T Visa. Contact the Rahgozar Law Firm and speak with Houston Immigration Lawyer Pegah Rahgozar at (832) 792-3636 to find out what options you may have.