If you are a victim of domestic violence, you may be eligible for the vawa green card. This is a special visa program that was created to help victims of domestic violence and their families. In this article, we will answer some common questions about how long a VAWA green card takes. We will also provide information on what happens if you are denied a VAWA green card.
VAWA, or Violence Against Women Act, is a federal law that was created in 1994. The VAWA program provides immigration benefits to victims of domestic violence who are married to or have children with a U.S. citizen or lawful permanent resident.
To qualify for a VAWA green card, you must show that:
-Have been the victim of extreme battery or cruelty by your US citizen or lawful permanent resident spouse or parent;
-You are a child who witnessed the assault or extreme cruelty committed against your parent;
-You are the parent of a child who was subjected to battery or extreme cruelty by your US citizen or lawful permanent resident spouse;
-You file a self-petition because you are the child or parent of a U.S. citizen or lawful permanent resident who has abused you, and your relationship with the abuser was covered by VAWA but you are no longer eligible for classification (such as when the abuser child turns 21 or marriage has ended in divorce).
If you are eligible for the VAWA green card, you can apply for a green card through what is known as a “self-petition.” This means that you do not need to be sponsored by your abusive spouse or parent to get a green card.
The first step in applying for the VAWA green card is to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with the USCIS. You will need to provide proof of your abuse, such as a police report or medical history. You will also need to provide proof of your relationship with the abuser.
Once you have filed Form I-360, the USCIS will review your case and decide whether or not to approve it. USCIS will determine how long a vawa residency takes. If the USCIS approves your petition, you will be granted what is called “conditional resident status.” This means that you will be allowed to live and work in the United States for two years.
After two years, you can apply for permanent residence by filing Form I-751, Petition to Remove Conditions on Residence. Again, you will need to provide proof of your bona fide marriage or relationship as well as proof that you have been living together.
If you are divorced, you can still apply for a VAWA green card. You will need to show that the marriage was entered into in good faith and that you were abused during the marriage. You will also have to show that you would suffer extreme hardship if you were removed from the United States.
How long does a VAWA green card take?
It normally takes six months to a year to approve VAWA residency. However, the processing times to determine a residence by vawa can vary depending on how busy the USCIS is.
If your petition is denied, USCIS will send you a notice explaining the reason for the denial. You may appeal the decision or file a motion to reopen or reconsider the case. You must file these forms within 33 days of receiving the denial notice.
You can also reapply for a VAWA green card if your circumstances have changed. For example, if you were denied because the USCIS did not find your marriage to be bona fide, you can reapply if you get divorced.
It is important to note that VAWA green card benefits are not available to everyone. If you are in removal proceedings or have been ordered removed from the United States, you are not eligible for VAWA benefits. You may also be ineligible if you have been convicted of certain crimes
If you are a victim of domestic violence, we recommend that you seek help from a qualified immigration attorney, contact us today to answer your questions about how to obtain a vawa green card.
Likewise, if you need the help of immigration lawyers who provide advice, you can contact our legal partner who has more than 15 years of experience in the market and whom we fully trust to carry out your case. Call today and get a consultation!