VAWA Lawyer | Protecting Clients throughout NYC
At Law office of Pema Lhamu Bhutia PC, we are dedicated to helping survivors of domestic violence, abuse, or cruelty obtain legal protection and immigration relief through the Violence Against Women Act (VAWA
What Is the Violence Against Women Act?
Violence Against Women Act (VAWA) was crafted in response to violent crimes against undocumented individuals who are spouses, children, or parents of legal permanent residents or United States citizens men or women. Crimes include, but are not limited to, domestic violence, abuse, sexual assault, and stalking. There are two paths available under VAWA: Self-petition and as a child of the principal applicant.
Who Qualifies?
The Violence Against Women Act (VAWA) allows victims of domestic violence to self-petition for green cards. This means that an abused spouse, child, or parent can apply for a green card without the cooperation of their abusive partner, parent, or child, respectively. VAWA status also protects victims from deportation and allows for work authorization while they apply and wait for their visas.
Note that children who are abused must submit their applications before they turn 21 years old and unmarried. However, they can file before they turn 25, if they can demonstrate that the abuse was the primary reason for the delay in filing.
A divorced spouse can self-petition so long as they start the process within two years of the termination of the marriage. Divorce must also be directly related to abuse.
Despite its name, VAWA protections are not exclusive to women. The law applies to people of all sexes and genders.
Finally, note that VAWA can be defensively used in deportation proceedings. If you are targeted for removal but were abused by a U.S. citizen or lawful permanent resident family member, VAWA may be able to facilitate the visa you need to stay in the country.
Contact a VAWA Lawyer Today
Applying for a green card under VAWA can be complex and intimidating, and you likely fear for the safety of yourself and your children in case your abusive family member finds out about your application.
A dedicated and compassionate immigration lawyer from Law office of Pema Lhamu Bhutia PC can provide a safe space to share your story and to address your questions and concerns. We can help you navigate the process of seeking a green card, providing key evidence. Contact us today for a confidential consultation at (718) 651-1577.
How Is VAWA Connected to U Visas?
VAWA and U visas are immigration tools that were implemented by the United States government in order to make provisions for victims of certain violent crimes to be able to protect themselves, receive support, and not fear coming forward due to immigration-related fears and threats. While U visa applicant holders are required to provide incriminating information to law enforcement, VAWA self-petitioners do not have the requirement to assist law enforcement with investigating their abusers or perpetrators.
Connection to U Visas: One of the provisions in VAWA enables non-citizen victims of serious crimes and domestic violence, to apply for a U visa if they’ve been helpful in the investigation or prosecution of the crime. This provides a potential pathway to legal status for victims who might otherwise fear deportation if they report abuse. Law office of Pema Lhamu Bhutia PC provides guidance in obtaining U Visas.
Due to the overlap between U visas and VAWA self-petitioning, there may be crime victims who are eligible to pursue both pathways to achieve citizenship. An experienced immigration lawyer from our firm can analyze your case, take your concerns and goals into deep consideration, and help you decide which immigration avenue is optimal for your situation.