Tampa VAWA Lawyer
Helping Immigrant Victims of Domestic Violence in Tampa & Surrounding Areas
Immigrant victims of domestic violence may be eligible to self-petition for lawful permanent residency in the United States under the Violence Against Women Act (VAWA). To qualify, a victim must be able to show that they are or were married to a U.S. citizen or lawful permanent resident (LPR) who subjected them to extreme cruelty or that they have a child with a U.S. citizen or LPR who subjected them to extreme cruelty. The attorneys at Brown Immigration Law can help you understand your rights and options under VAWA and guide you through the application process.
To learn more about VAWA in Tampa, call (813) 791-7535 or online today.
VAWA Eligibility Requirements
To qualify for relief under VAWA, you must be able to show that you are or were married to a U.S. citizen or LPR who subjected you to extreme cruelty. You may also be eligible if you have a child with a U.S. citizen or LPR who subjected you to extreme cruelty.
What is Extreme Cruelty?
Extreme cruelty refers to any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. It also includes other abusive behavior, such as sexual assault, forced sexual relations, forced prostitution, and forced labor.
It is important to understand that VAWA is gender neutral. This means that men, as well as women, may seek protection under VAWA if they have been the victims of extreme cruelty at the hands of a qualifying relative.
What is a Qualifying Relative?
A qualifying relative is a U.S. citizen or LPR who is or was the victim's spouse or parent. It is important to note that a child who is the victim's child but not the qualifying relative's child is not a qualifying relative.
Also, a parent who is the victim's parent but not the qualifying relative's parent is not a qualifying relative. In other words, the U.S. citizen or LPR must be the victim's parent, spouse, or the parent of the victim's child, and the relationship must have been legally recognized in order for the victim to be eligible to self-petition for lawful permanent residency under VAWA.
VAWA Documentation Needed
When submitting an application for VAWA, it is crucial to provide the necessary supporting documentation. The more evidence you provide, the stronger your case will be. Our team can help you gather the required documentation and ensure all forms are filled out correctly.
Some of the documentation you may need to provide includes:
- Proof of your identity
- Proof of your qualifying relationship
- Evidence of abuse or extreme cruelty
- Evidence that you are a person of good moral character
- Evidence that you entered the marriage in good faith, if applicable
- Proof that you resided with your qualifying relative, if applicable
Each case is unique, and the exact evidence you will need to provide will depend on the specific details of your situation. Our Tampa VAWA attorneys can help you gather the necessary documentation to support your application.
What Are the Benefits of VAWA?
One of the main benefits of VAWA is that it allows a victim to file a self-petition for lawful permanent residency. This means that a victim does not need to rely on their U.S. citizen or LPR spouse or parent to file a petition on their behalf.
Remember, a self-petition is not a joint petition. This means that a U.S. citizen or LPR spouse or parent does not need to be involved in the process. This is beneficial for many victims who are hesitant to come forward due to fear of their abuser.
Other benefits of VAWA include:
- Protection against deportation: A victim who is in removal proceedings may be able to seek protection under VAWA and obtain lawful permanent residency.
- Work authorization: A victim who is approved for VAWA may be eligible to receive an employment authorization document, also known as a work permit.
- Social services: VAWA allows victims to access certain public benefits and services.
Get the Help You Need Today
If you are an immigrant victim of domestic violence, you may be eligible for self-petition for lawful permanent residency under VAWA. Our Tampa VAWA attorneys can help you understand your rights and options and guide you through the application process. We can help you gather the necessary documentation to support your application and ensure all forms are filled out correctly.
Call (813) 791-7535 or online to schedule a consultation with our team.