VAWA Application Forms in Charlotte

While marrying a U.S. citizen offers the added benefit of being able to obtain a spousal visa, there is a concern that the citizen spouse could assert abusive control over the immigrant spouse because their immigration status depends on the citizen’s sponsorship. To address this concern, the United States enacted the Violence Against Women Act (VAWA) to create a way out for immigrant victims of domestic abuse.

If you believe you qualify for this benefit, seeking advice and guidance from an experienced lawyer at Sussman Law Firm is vital. Our dedicated team of attorneys could help you prepare the necessary VAWA application forms in Charlotte and gather all the required documentation for a successful petition.

A Roadmap of a VAWA Petition

Under the VAWA, immigrants may be eligible to become lawful permanent residents if they are victims of abuse, battery, or cruelty committed by a United States citizen spouse or parent. Eligibility may also apply if the spouse or parent is a lawful permanent resident. A former spousal relationship does not terminate eligibility.

It is important to know that, although the law is officially called the Violence Against Women Act, it does not exclusively benefit one gender. Immigrant men are also eligible to benefit from the Act if they are victims of domestic violence committed by a citizen spouse or parent.

The VAWA allows immigrants to self-petition for their lawful permanent residency, bypassing the need for sponsorship from a U.S. citizen or permanent resident. This provision was included in the law to prevent the citizen or permanent resident spouse from abusing their power, through threats against their immigrant spouse or children, during the visa application process. For immigrant victims of domestic violence in Charlotte,  the VAWA application process provides a path to escape from a terrible situation. An attorney could help you to prepare and fill out the required documents, allowing the process to run as smoothly as possible.

The Necessary Paperwork

The abusive spouse’s status determines the exact forms necessary to apply under the VAWA, but Form I-360 is the main one that is required in all situations. This form is filed by a victim for their self-petition to the U.S. Citizenship and Immigration Services (USCIS). It includes information about the petitioner, their spouse or ex-spouse, and the nature of their relationship. Additional evidence to support a current or former spousal relationship, abusive acts committed, and the petitioner’s good moral character are also required in this step. Although it is a self-petition, they could be represented or aided by an attorney, in which case Form G-28 should be included to register the lawyer with the case.

If the abusive spouse is a U.S. citizen, the petitioner may file Form I-485 and Form I-360 to apply for lawful permanent residence status, known as the Green Card. They may also include Form I-765 for work authorization. If the abuser is a lawful permanent resident, these forms will wait until after the USCIS makes its decision on Form I-360.

While the forms are mostly straightforward, some forms, such as Form I-360, can be difficult to navigate because they are used for other immigration benefits. This could confuse VAWA petitioners in Charlotte if they try to prepare the application paperwork without the aid of a knowledgeable attorney.

Contact a Charlotte Immigration Attorney To Help You Through the VAWA Application Process

If you think you are eligible to apply for a Green Card under the VAWA, reach out to an attorney to learn more. The compassionate team at Sussman Law Firm could walk you through the VAWA application forms in Charlotte, so that you can take back control of your life.

If you feel stuck in an abusive situation due to your immigration status, there is hope and a way out. Call Sussman Law Firm to get started on your application.