Violence Against Women Act (VAWA) – Spousal Abuse I-360

The Violence Against Women Act allows an abused spouse of a U.S. citizen or Lawful Permanent Resident to self-petition herself or himself (yes, men included!), if they meet certain legal requirements. These applicants can apply for a green card on their own without relying on relative petition filed by their U.S. Citizen or Green Card holder spouse. This law was passed to prevent an abuser from using immigration status and petitioning power as a form of control over their “victim” spouses.

To qualify, the applicant must first demonstrate that she or he is a victim of spousal abused. Examples of documents normally required are police reports, medical reports, affidavits, etc. The absence of police or medical report, however, will not be the sole basis for the denial of a battered spouse application. There are other factors USCIS may consider. This is where Finnegan and Diba can help you. Don’t be discouraged even if you do not have the two documents mentioned earlier. Contact Finnegan and Diba and make an appointment to speak with their experienced immigration attorney.

There are many occasions where domestic violence coincides with the desire to file Dissolution proceedings. F&D has simultaneously prosecuted and defended a multitude of parallel actions involving domestic violence and civil harassment actions in obtaining and addressing any need for temporary restraining orders to protect the client’s privacy and safety at home, work, or otherwise. Home exclusions order are also applicable and obtained in conjunction with cases where domestic violence is an issue, in order to protect the client and any minor children for the duration of the case and until the issues are resolved.

There are several different applications under the VAWA system which is intended by the US Government to protect victims of either physical or emotional spousal abuse. Even though VAWA stands for “violence against women act”, men who have been emotionally abused in a marriage may also apply for relief under the I-360 program, U visa, or Cancellation of Removal programs just like the woman can. These cases are open to all qualified applicants regardless of gender.