VAWA Immigration Attorney in Milwaukee, WI
The federal government has passed the Violence Against Women Act (VAWA) to help those subject to domestic violence and sexual assault. The Violence Against Women Act (VAWA) immigration application provides a means for enabling abused immigrant spouses (either men or women) and children of U.S. citizens and green card holders to apply for and get a green card (lawful permanent resident status) without informing or consulting with the abuser. (as stated in U.S. Code 1154(a)(a)(A)(iii).)
There are two steps to the VAWA green card application process for battered immigrants. First, you must submit a self-petition with the necessary supporting documents. If you fulfill the VAWA eligibility requirements and the U.S. Citizenship and Immigration Services (USCIS) accepts your self-petition, you may apply to change your status. If USCIS grants your application, you will be issued a green card.
If you need detailed information and help on the VAWA Green Card application process, VAWA immigration attorneys at Miller & Miller Immigration Lawyers, LLC are here for you. They have earned the trust of residents of Wisconsin when it comes to immigration issues. Our caring Milwaukee VAWA immigration attorneys are here to assist you in getting a green card, adjustment of status, citizenship application, and other immigration issues. Speak with one of our Milwaukee VAWA immigration attorneys now!
Why do I need a VAWA Attorney in Milwaukee, WI?
Hiring an immigration lawyer in Wisconsin to assist with your VAWA application is not mandatory but extremely helpful. Because this (as well as most other visa applications) requires pages of paperwork and documents as evidence, and as the government’s interpretation of VAWA is constantly changing, the help of a Wisconsin VAWA attorney can significantly increase your chances of receiving a favorable outcome.
A successful VAWA relief application requires more than just filling out immigration forms. Instead, it requires convincing USCIS that the applicant is deserving of this unusual relief. Because the VAWA application process can take months, having a VAWA attorney to keep your paperwork secure and handle tasks that would be difficult for you to accomplish without drawing your abuser’s attention can be invaluable.
Our team of highly trained Wisconsin VAWA immigration attorneys at Miller & Miller Immigration can guide you through the process, allowing you to break free from a dangerous environment and obtain immigration relief.
You must meet certain conditions to be eligible for VAWA. These requirements change based on whether you are the abusive individual’s spouse, child, or parent. To start, the abuser must fit into any of the categories below:
- Spouse or ex-spouse who is a U.S. citizen;
- A parent who is a U.S. citizen;
- A child who is a U.S. citizen;
- Spouse or ex-spouse who is a green card holder; or
- A parent who is a green card holder.
What is VAWA?
The Violence Against Women Act (VAWA) grants a battered spouse and child of US citizens and Green Card holders a road to legal permanent residence and United States citizenship.
Additionally, VAWA contributes to protecting women in the US through provisions for prosecuting crimes against women. Dating violence, domestic abuse, stalking, sexual assault, and other forms of abuse are all included. The law was enacted in 1994 by President Bill Clinton as part of a nationwide initiative to improve women’s safety in public.
Furthermore, VAWA offers grants for developing educational materials to address these issues. Legal aid funding allows victims to speak out without fear of retaliation from their partners.
Are both Men and Women in Milwaukee, Wisconsin, covered by VAWA?
VAWA applies both to men and women. That means that under VAWA, a petition for protection may be submitted in Milwaukee by either party. Therefore, same-sex couples are protected under VAWA since both men and women can access legal advice and assistance.
What types of VAWA Protections can I get through a VAWA Attorney in Milwaukee, WI? rds
VAWA is applicable in various situations. Each of these scenarios provides unique protective measures and benefits. A VAWA petition can, in a way, be used both affirmatively and defensively.
VAWA Green Card Self Petition.
A battered or abused person in Milwaukee, Wisconsin can file an immigration petition known as a VAWA self-petition. The abuser has to be a US citizen or permanent resident for the abused to self-petition for a green card based on VAWA. Furthermore, this process can be carried out without the consent of your abuser.
VAWA Cancellation of Removal.
That is a strategy for fighting deportation. If you live in Wisconsin and face deportation, such can be a great assistance. To be eligible for VAWA cancellation of removal, a resident of Wisconsin should meet the following VAWA requirements:
- Abused or subjected to “severe cruelty” by a spouse or parent who is a United States citizen or lawful permanent resident;
- Physically present in the U. S. for the past three years;
- Demonstrate moral character;
- Can show that removal would result in severe hardship; and
- If applicable, qualify for a waiver of inadmissibility.
Other deportation defenses exist on top of VAWA cancellation of removal. Talk to a Wisconsin VAWA attorney to learn more about how you can be eligible.
Change a Conditional Residency Status.
Such may apply if your partner left you during your two-year conditional residency. A VAWA application may help you remove the restrictions on your lawful permanent residence/green card status.
Build the most compelling case possible with a VAWA attorney.
Proving abuse or severe cruelty at the hands of your partner is necessary to find success in a VAWA self-petition. Evidence such as police reports, health records, and witness statements would be ideal.
The evidence needed for a VAWA self-petition falls under the general categories below:
- Your relationship with the abuser;
- The immigration status of the abuser;
- That you shared a home with your abuser;
- You had no bad intentions when you got married; or
- The abuse you described truly took place.
While the above list may appear simple, each item requires substantial evidence to be proven. That makes the process of collecting and presenting evidence tedious and difficult. VAWA immigration attorneys Miller & Miller from Milwaukee, Wisconsin, can help you gather and sort your documents.
What are some concerns during the VAWA Application Process?
It can be frightening to file a VAWA petition. You most likely do not want your abuser to know that you’re applying for VAWA because you’re afraid of retaliation. To ensure your safety throughout the process, the Violence Against Women Act provides several safeguards.
Safety from Retaliation
Throughout the VAWA process, you will be protected from any form of retaliation. What this means is that your abuser will no longer be able to:
- Threaten you with harm or death
- Assault you
- Harass or intimidate you
- Destroy the victim’s property
Such protection operates in conjunction with existing criminal and civil laws and remedies in Wisconsin.
Investigations under the VAWA are conducted in strict confidence. The VAWA investigators will take utmost care to keep your abuser from learning about your ongoing VAWA application process. That decreases the likelihood of retaliation.
How long is the VAWA processing time?
VAWA contains multiple processes and spans several months. In rare situations, the VAWA processing period might be as short as six months. However, it is not unusual for the case to take up to 24 months.
Furthermore, the Violence Against Women Act timetable involves additional processes to complete before they grant your application. The usual procedures are as follows:
- Engage the services of a VAWA attorney to assist you with the process.
- Gather proof for the VAWA case.
- Fill out the necessary USCIS forms, then submit them for your VAWA application.
- Provide a background check.
- Submit your VAWA application.
- Finish your fingerprints.
- Provide further evidence if asked.
- Wait for the decision by USCIS.
Is the Violence Against Women Act Still in Effect?
We occasionally hear in the news that the VAWA program has “expired.” That may be confusing. In reality, claiming that the Violence Against Women Act is no longer in effect is technically wrong.
U.S. government authorities have instead made it clear that VAWA has not expired and does not have a sun-setting clause.
When we read in the news that VAWA is about to expire, the article probably refers to a particular financing program within the VAWA program that might have run out of funds. That is due to the United States Congress needing to periodically reauthorize funding for various VAWA programs. Congress had done this several times, although sometimes only after a program’s funding has run dry.
What are my rights if my VAWA Petition is accepted?
If your VAWA application is successful, you will be granted various legal privileges that you didn’t previously have. Among the most notable of these rights are:
- Protection order enforcement against an abuser. Such could cover your children as well.
- The right to file a legal separation or divorce even if your abuser does not consent.
- The right to a portion of certain forms of marital assets.
- The right to receive custody of your children and monetary support from an abuser.
What if I wasn’t physically abused?
The most evident kind of abuse in VAWA petitions is physical abuse, but it isn’t the only means to qualify. In reality, different types of “severe cruelty” may result in granting a VAWA claim. These might include:
- A threat of violence;
- Sexual assault;
- Sexual exploitation;
- Degrading or abusive language;
- Economic exploitation;
- Emotional exploitation;
- Exclusion from society;
- Threats of deporting you; or
- Threats to take your children away.
Therefore, you can still fulfill the VAWA requirements even if you were not physically abused. Consult with a VAWA immigration lawyer at Miller & Miller to determine your qualifications.
Let VAWA Immigration Attorneys in Milwaukee, WI help with your VAWA application!
Miller & Miller VAWA Immigration Attorneys have vast knowledge in immigration law and experience through several cases that can help you present the most compelling case possible on your behalf.
Don’t go through the tedious and complex process alone. Contact us online now!