A VAWA (Violence Against Women Act) self-petition empowers someone to apply for a Green Card in the United States if they are an eligible immigrant and are subject to physical abuse or extreme cruelty by a United States citizen or lawful permanent resident. Unlike with other types of immigrant visas, a VAWA applicant may be able to request lawful permanent residence status without notifying the family member who is abusing them. Instead, the VAWA applicant can file a self-petition to ask for permission for a Green Card on their behalf.
The team at Getachew & Ansari Immigration Attorneys, P.C., understands the challenges and fears that people experience when they are subjected to violence and trying to find a safe place to live. We can provide confidential and discreet legal services to help protect your privacy and keep you safe. We can also help you locate and file documents needed to complete your application for entry into the United States as a lawful permanent resident.
Introduction to VAWA Self-Petition Requirements
To file a self-petition Green Card application, you must ensure you meet the eligibility requirements. The eligibility criteria include physically being in the United States when you apply, submitting the correct application, and being an admissible alien. Additionally, a visa must be available when you apply for a Green Card.
If the family member who abused you already filed a petition on your behalf for you to request a Green Card, you can ask the government to change your application to a VAWA self-petition. This allows you to still seek a Green Card without having the abuser know where you are or being involved in the case.
What Is a VAWA Self-Petition?
A VAWA self-petition allows someone who is being or was abused by a family member who is a lawful permanent resident or citizen to apply for a Green Card without having another relative or that same relative file a supporting petition. Many people who are physically abused or subjected to extreme cruelty may not want the abuser to know where they are or to communicate with them. However, in the ordinary immigration process, someone like a close family member or spouse may have to petition the government to allow the applicant to receive a Green Card.
The United States government recognized the issue this created for people who are abused.
So, the United States government made a separate channel, called the VAWA self petition process, to let someone apply for a Green Card without having someone else file a petition on their behalf.
Essential Documentation for Proving Abuse
When filing a VAWA self-petition, you need to submit much of the same paperwork that you do for a regular Green Card application. For example, you must turn in information about yourself, your family, where you were born, your reasons for moving to the United States, and your job.
Additionally, the government may ask you to get an evaluation by a medical professional or an immigration psychologist.
If you are applying for a VAWA Green Card, you also need to submit evidence to prove that you were abused or subjected to extreme cruelty. For example, you may have to turn in police reports from calling law enforcement to help you. Or, you may ask an immigration psychologist to send in mental health records and therapy notes from when you talked to them about the abuse. Additionally, you can seek personal statements from people who know you well and witnessed or heard about the abuse when it was happening.
Collecting Personal Statements and Affidavits
One way you can support your VAWA self-petition is to ask people to provide official statements or affidavits, which are statements made under oath, about their knowledge of the abuse. For example, you may have spoken to your parents, children, or friends about the extreme cruelty you experienced. If that is the case, these people may be able to write down what they heard about or saw. You can give the United States government these witness statements as evidence supporting your VAWA petition.
Before you gather these statements, talk to a lawyer, who may be able to help you complete the necessary steps to ensure these written statements are in the proper form. The attorney may also be able to coordinate a place and time for these witnesses to give a written statement under oath, which may help strengthen your case.
The Role of Psychological Evaluations
Another way to support a VAWA self-petition for a Green Card is to get an evaluation by an immigration psychologist. These psychologists specialize in the immigration process and the types of mental health struggles that immigrants may face.
Additionally, they may have a certification from the United States government that allows them to conduct immigration-related evaluations. For example, they might talk to you about your history of abuse or extreme cruelty to learn about how it impacted you, who was involved in it, and how moving to the United States can help you.
Contact an Experienced VAWA Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
Submitting a VAWA self-petition for a Green Card can help you get a fresh start in the United States while protecting you from further abuse or harm from a dangerous spouse, child, or parent. In this process, you file a Green Card application on your behalf and do not have to have the support of the abusive relative. You may qualify for this type of application if you meet the ordinary Green Card eligibility criteria and follow the special rules that apply to VAWA applicants.
At Getachew & Ansari Immigration Attorneys, P.C., we provide critical legal support to people who are subjected to physical abuse or extreme cruelty by someone they love. If you are in this position, we understand how important it is for you to be able to secure a Green Card safely and confidentially. Medya Ansari has been helping people immigrate to the United States using VAWA, asylum or refugee laws, or other reasons for many years. Immigration is her passion; as an immigrant, she takes a personal approach when helping clients. Call Medya and her team today by calling 408-292-7995 to schedule a time to talk about your concerns.
