Filing a Violence Against Women Act (VAWA) petition can be a critical legal action for women who are victims of abuse from a U.S. citizen or permanent resident spouse, parent, or child. These petitions allow abused individuals to seek relief and bypass the need to rely on the abuser as a sponsor for immigration.

At FR Law Firm, PLLC, we offer legal support to the Miami community with VAWA petitions. If you believe you may qualify for a VAWA petition, our Miami immigration lawyer can review your situation and advise you about the next steps.

​The Violence Against Women Act (VAWA) became law on September 13, 1994, and was reauthorized multiple times. VAWA allows victims of domestic violence who are married to U.S. citizens or lawful permanent residents to apply for immigration independently. The law protects vulnerable individuals and offers them a path to safety.

To file a VAWA petition, the applicant must meet several key requirements:

• Victim of abuse: The applicant must have experienced physical or emotional abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child.
• Relationship to abuser: The abuser must be a citizen or permanent resident of the U.S. The applicant must be married to or be the child of the abuser. The applicant may also file if they are the parent of an adult child who has abused them in their later life. 
• Proof of abuse: Evidence of the abuse must be submitted, including police reports, medical records, or affidavits from witnesses or therapists.

Filing Your Petition

The VAWA petition is filed using Form I-360 with U.S. Citizenship and Immigration Services (USCIS). This form can be complicated to complete and should be accompanied by supporting documentation, such as proof of the abusive relationship and evidence of your identity. An experienced immigration attorney can help you complete the paperwork and ensure you meet all requirements. 

• Physical presence in the U.S.: Applicants must be physically present in the U.S. to file the petition, though exceptions are possible for individuals living outside the country.
• Good moral character: The applicant must have demonstrated good moral character over the time they lived with the abuser.
• Filing within two years: The VAWA petition must be filed within two years of leaving the abusive relationship or after the abuse occurred. There are limited exceptions to this requirement.

Filing a VAWA petition offers crucial protections and opportunities for survivors of domestic abuse. The benefits include work authorization, allowing approved petitioners to work in the United States to achieve financial independence legally. 

VAWA provides a path to lawful permanent residency, green card. Eligible individuals can apply for permanent resident status without the need for the abuser’s cooperation or sponsorship. This independence ensures that survivors can establish a stable and secure future, free from the threats that could impact health and safety. By securing these protections, VAWA empowers individuals to rebuild their lives with safety, dignity, and the ability to support themselves and their families.

Filing a VAWA petition can be emotionally and legally challenging. At FR Law Firm, PLLC, we understand the complexities of immigration law and the importance of ensuring a safe and supportive process. Our team provides personalized, compassionate assistance throughout this critical process.

When filing a VAWA petition, providing credible evidence of the abuse is required. Some forms of evidence your Miami immigration lawyer could submit may include the following:

• Police reports: Official reports of abuse, substantiating your claims.
• Restraining orders: If the court has issued a restraining order, it can be strong supporting evidence of abuse for a VAWA petition.
• Medical records: If you require medical care for abuse-related injuries, medical reports can be a powerful type of evidence.
• Affidavits: Statements from witnesses, therapists, or friends to testify about the abuse.
• Photos or videos: Visual evidence of injuries or other signs of abuse.
• Emails or text messages: Communications that demonstrate emotional or psychological abuse.

Supporting evidence is vital but can be difficult to gather for an individual currently living in an abusive relationship. Our legal team can guide you while ensuring safety and confidentiality while gathering supporting documentation for your case. 

Filing a VAWA petition can be a significant step in the immigration journey and could affect other immigration-related processes. Some key points include:

• Work authorization: Once your VAWA petition is approved, you may be eligible to apply for work authorization, which allows you to support yourself while your petition is pending.
• Green card application: After VAWA approval, you may be able to apply for lawful permanent residency (a green card) without the need for your abuser’s cooperation. This is critical for individuals who would otherwise be unable to adjust their status due to their relationship with the abuser.
• Adjustment of status: If you are in the U.S. on a temporary visa, a successful VAWA petition can allow you to apply for a status adjustment and, eventually, permanent resident status.

Understanding how these elements work together can help you navigate the process more effectively.

When you file a VAWA petition, you have specific rights that can help protect you:

• Protection from deportation: You cannot be deported while your VAWA petition is pending, offering peace of mind.
• Right to remain in the U.S.: While your VAWA petition is processed, you have the right to stay in the U.S., even when an abuser has sponsored you. 
• Access to work authorization: Once your petition is approved, you may apply for work authorization, allowing you to live independently while your green card application is pending.
• Eligibility for derivative benefits: If you are the victim of abuse, your children may also be eligible for essential benefits, including protection from deportation and the right to apply for lawful status.

These rights allow you to rebuild your life without fear of deportation. At FR Law Firm, PLLC, we prioritize your safety and legal well-being, guiding you through the process with compassion, understanding, and exceptional legal skills.

As a boutique firm, we prioritize quality over quantity. We offer a unique understanding of the challenges for those navigating the complex U.S. immigration system. Whether you’re applying for a VAWA petition or need assistance with other immigration matters, our legal team has the knowledge and skills you want on your side. We know immigration law and can guide you to legal status and a safe, productive life in the U.S.A.

If you are facing abuse and need help with your VAWA petition, don’t wait. Contact FR Law Firm, PLLC, today at 786-706-0422 for a free immigration strategy meeting. Let us help you protect your future and start a new chapter in life.