VAWA Green Card Lawyer Chicago

 

Chicago VAWA Immigration Lawyers

What is VAWA Green Card?

VAWA is a form of humanitarian relief that protects victims of abusive U.S. citizen or Legal Permanent Resident (LPR) spouse or parent. A primary advantage of VAWA is it offers permanent residency even if you have violated immigration laws.  You are eligible for VAWA even if you have entered the U.S. without inspection, worked without authorization or among other violations.  Another advantage of VAWA is upon approval of the VAWA petition, you will be eligible to apply for permanent residence (green card).  While VAWA stands for Violence Against Women Act, it is not just for women but for male victims of domestic violence/extreme mental cruelty as well.

Who can apply for VAWA?

• Spouses of U.S. Citizens or Permanent Residents and their children under 21 who have not filed for themselves;
• Parent of a U.S. Citizen abuser; or
• Child of a U.S. Citizen or Permanent Resident abuser if the child is under 21 and unmarried. The child of an abuser may also file before age 25 if they did not file before the age of 21 due to the abuse by the abuser.

VAWA Green Card requirements for Spouse

1. Qualifying Relationship to the abuser:
   • You are married to a U.S. Citizen or permanent resident abuser, or
   • Your marriage to the abuser was terminated by death or divorce within 2 years prior to filing your petition, or
   • Your spouse lost or renounced citizenship or permanent resident status within 2 years prior to filing your petition due to an incident of domestic violence, or
2. Abuse Requirements –
   • You suffered physical abuse, or
   • You have suffered extreme cruelty – control by the abuser is often extreme cruelty
3. You entered into the marriage in good faith and not solely for immigration benefits
4. You have resided with your spouse
5. You are a person of good moral character

VAWA Frequently Ask Questions

VAWA Green Card requirements for a Child

1. Qualifying Relationship to the abuser:

• You are the child of a U.S. Citizen or permanent resident abuser, or
• You are the child of a U.S. Citizen or Permanent resident abuser who lost citizenship or permanent residence due to an incident of domestic violence.

2. Proof of Abuse:

• You suffered physical abuse, or
• You have suffered extreme cruelty – control by the abuser is often extreme cruelty. 
• You have resided with the abusive parent.
• You are a person of good moral character – if you are less than 14 years of age, good moral character is presumed.

VAWA Green Card for Abuser’s Parents 

1. Qualifying relationship to the abuser:

• You are the parent of a U.S. Citizen or permanent resident son or daughter abuser who is at least 21 years of age when the self-petition is filed, or
• You are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status due to an incident of domestic violence, or
• You are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.
• You suffered physical abuse, or
• You have suffered extreme cruelty – control by the abuser is often extreme cruelty.
• You have resided with the abusive son or daughter.
• You are a person of good moral character.

If these elements are satisfied, USCIS may approve the VAWA Petition

What are the benefits of a VAWA Green Card?

1. It can be self-sponsored without your abuser’s help or knowledge.
   – VAWA is an option to provide victims of abuse safety.
   – you do not need your U.S. Citizen or Permanent Resident abuser for immigration sponsorship.
2. VAWA often makes immigration violations waivable such as unlawful presence in the United States among other immigration violations.
3. VAWA can lead to permanent residence upon approval.
4. VAWA allows for concurrent filing of the permanent residence.  It can lead to employment authorization while the case is pending.  You can work legally and start generating income before your VAWA visa is issued.

Citizenship for VAWA Green Card Holder

Abused spouse, child and parents who have obtained an approved VAWA petition is eligible for U.S. citizenship through the process of naturalization. The path to citizenship for VAWA applicants varies and depends on your relationship to the abuser and the length of your U.S. residency.

If you are a battered spouse or abused child of a U.S. citizenship spouse or parents and have obtained a VAWA green card based on an approved I-360 (VAWA), I-751 waiver (removal of conditions waiver) or cancellation of removal, and have been a U.S. lawful permanent resident (LPR) for at least 3 years, you may apply for U.S. citizenship (Naturalization) after three years instead of the usual five years.

On the other hand, if you’re a battered spouse, abused child of a U.S. citizenship or parents and married to a U.S. LPR instead of a U.S. citizen, you may still apply for citizenship. However, you will have to wait for 5 years instead of three years unless your abused spouse or parent naturalize to become a U.S. citizenship and you have been a LPR for at least three years, then your wait time to become a U.S. citizenship will be reduced to three years.

Experienced Chicago VAWA Immigration Lawyer

Proving eligibility requires navigating and documenting the eligibility requirements.  Determining what evidence is needed to prove each element requires a skilled immigration lawyer.  You also need a lawyer that is compassionate, understanding, and sympathetic to your needs.

At Cipolla Law Group, we care about our clients and understand the struggles they have endured.  Our team consists of legal professionals who are also mothers, father, husbands and wives. We are here to ensure your have the legal protection you desire.  Your Chicago Immigration lawyers speak Spanish, Chinese, French and Italian.  Contact us today for a confidential consultation.