VAWA Lawyer in Cary, North Carolina
Immigration laws give options and waivers to spouses and children of an abusive U.S. citizen relative. Victims can apply for the petition with the knowledge of the abuser, or they can go through a self-petitioning process. By self-petitioning, the battered spouse/child may apply for immigration status without the knowledge or involvement of the abuser.
After checking your eligibility to apply under VAWA, you must provide extensive evidence of the abuse you have endured by a U.S. citizen relative. If the VAWA petition is approved, the petitioner is granted deferred action status. This means the person will not be at risk of deportation even after divorcing or separating from the abusive partner. Applicants will also be eligible for work authorization after their petition is approved.
What happens if my spouse or parent is not a U.S. citizen but a permanent resident?
If your relative is only a resident, then the VAWA application will take longer, but it can still be done. In this case, you must wait for an immigrant visa to be approved and after that, you might qualify for permanent residence. When applying for permanent residence, the government will check your records. You might be denied residence if the government finds the following records:
-Involvement with drug-related crimes.
-Involvement in prostitution.
-Have committed visa fraud.
-Have been previously deported.
If you are a victim of abuse, and you are in a deportation proceeding, what can happen?
Battered spouses or children of U.S. citizens who are the subjects of deportation proceedings may also be eligible to apply as a self-petitioner through VAWA cancellation of removal. If you are in process of removal or are a spouse or child of a U.S. citizen who is an abuser, call 984-218-9450 to our Cary, North Carolina office.