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630-392-8101 | 630-392-8101
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IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Immigrant survivors of domestic violence often face extraordinary barriers to safety and independence, especially when an abusive spouse or family member controls their immigration status. The Violence Against Women Act (VAWA) was enacted precisely to address this devastating situation. It provides a pathway for survivors to secure legal status independently, without needing the involvement or approval of their abuser.

If you are an immigrant who has suffered abuse at the hands of a U.S. citizen or permanent resident spouse, parent, or adult child, a VAWA petition could be your pathway to safety, stability, and lawful permanent residence in the United States.

Here, our Illinois immigration and naturalization attorney at Kasturi Law, LLC, explains.

How Immigrant Survivors

Understanding VAWA Petitions

Under VAWA, eligible survivors can self-petition for lawful status. This means survivors do not need sponsorship from their abusive family member. VAWA petitions allow survivors to break free from their abusers’ control, offering protection and a sense of security as they rebuild their lives.

To qualify for a VAWA petition, you must generally demonstrate:

  • A qualifying family relationship to the abuser, which may include a spouse, parent, or child.
  • The abuser is a U.S. citizen or lawful permanent resident.
  • You have suffered abuse or extreme cruelty from the abuser.
  • You lived with the abuser at some point.
  • You possess good moral character.

How the VAWA Petition Process Works

Initiating a VAWA petition involves submitting Form I-360 to U.S. Citizenship and Immigration Services (USCIS). Alongside this form, you must provide extensive documentation to establish your eligibility. Evidence typically includes affidavits detailing your relationship and the abuse endured, police reports, court records, medical documentation, and testimony from mental health professionals or social workers.

Once the petition is filed, USCIS reviews the evidence to determine eligibility. Importantly, the entire process is confidential—USCIS will not notify your abuser of your VAWA petition.

Common VAWA Petition Challenges and How to Overcome Them

Successfully navigating a VAWA petition can be complex, as proving abuse and establishing good moral character may present challenges.

Common obstacles survivors encounter include:

  • Gathering sufficient evidence of abuse.
  • Demonstrating cohabitation, particularly if the abuser tried to hide or obscure living arrangements.
  • Establishing good moral character, particularly if the abuser manipulated situations to impact the survivor’s reputation or legal status negatively.

Our experienced Illinois immigration attorney can be invaluable in overcoming these hurdles and ensuring that your application is comprehensive, thoroughly documented, and presented effectively.

The Benefits of a Successful VAWA Petition

A successful VAWA petition grants you several critical benefits:

  • The ability to obtain lawful permanent resident status (a Green Card) independently.
  • Protection from deportation, offering immediate safety from the threat of removal.
  • Eligibility for employment authorization, allowing economic independence.
  • Access to public benefits and resources designed specifically for survivors of domestic violence.

Seek Support from Kasturi Law

At Kasturi Law,LLC, we deeply understand the complexities and sensitivities surrounding VAWA petitions. Our compassionate, experienced immigration attorneys are dedicated to helping immigrant survivors reclaim their lives, achieve independence, and secure their futures in the United States.

You do not have to face this process alone. Contact Kasturi Law today for a confidential consultation and begin your journey to safety and legal stability during an in-person meeting, a phone call, or a Zoom session. You can also schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.