Reid & Gaudett Law Group, LLP  The Law Office of Andrea R. Reid

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Office:  1.413.737.1200

  
The Law Office of Andrea R. Reid
 
Immigration Law - VAWA
Find below the links to all of the area of Immigration Law that Attorney Reid offers...
 
ASYLUM VAWA
B Visas Citizenship and Naturalization
H Visas Deportation and Removal
L Visas Family
R Visas Employment
U Visas Non-Immigrant Visas
 

VAWA:
PERMANENT RESIDENCY AS THE ABUSED SPOUSE OR CHILD OF A US CITIZEN
OR PERMENANT RESIDENT

VAWA permits certain spouses and children of U.S. citizens and lawful permanent residents who were subjected to battery or extreme cruelty to self-petition for immigrant classification to become permanent resident of the United States. Self-petitioning has broad meaning under the INA and includes more than petitions for physically abused wives. Domestic violence is conceptualized in immigration through the historical lens of subjection of women and children, but many people can be subjected to inequality and abuse. The definitions and remedies made available in US immigration law and policy provide remedies for persons who are more easily abused because of social standing and complex relationships.

The I-360 Self-Petition, allows for certain spouses and children of U.S. citizens and lawful permanent residents who were subjected to battery or extreme cruelty to self-petition for immigrant classification, in to substitute of the I-130 Relative Visa Petition or the application for derivative benefits that may (or may not) have been filed.  The primary issue under VAWA is the abuse/extreme cruelty is perpetrated by a person who controls the immigration status of the victim. “Abuse and/or extreme cruelty” is the basis upon which all VAWA applications or petitions depend. Domestic abuse can be easy to miss in taking an individual’s immigration history.

NATURALIZATION AS THE ABUSED SPOUSE OF A US CITIZEN
VAWA also made it possible for any person who obtained status as a lawful permanent resident “by reason of his or her status as a spouse or child of a U.S. citizen who battered him or her or subjected him or her to extreme cruelty” to apply for naturalization after three years as a permanent resident. This provision could apply to the spouse or child of a U.S. citizen who obtained permanent residence through:

• A battered spouse or child self-petition;
• Cancellation of removal or suspension of deportation for battered spouses or children; or
• Removal of conditional residency through a battered spouse or child waiver.

The spouse or child benefiting from the VAWA provisions is not obliged to remain living with or married to the abuser during this three-year period.

Attorney Reid fully understands how the terms “Abuse and/or extreme cruelty” are defined for the purpose of immigration law, in order to properly screen for domestic abuse cases. We understand the “any credible evidence” standard and all the other elements of the self-petition process, to increase your likelihood of success on the merits of your case. Our attorneys also work in collaboration with experts in the field of domestic violence. Please call us to schedule an appointment to discuss your case in confidence.

 

 

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult us or another attorney for individual advice regarding your own situation.


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The Law Office of
Andrea R. Reid

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