Under the Immigration and Nationality Act, as amended by the Violence Against Women Act, a battered spouse, parent, or child may file an immigrant visa petition. The Violence Against Women Act (VAWA) provides for provisions in the Immigration and Nationality Act (INA) that enable spouses, parents, and children of United States citizens to file a petition for themselves without notifying the abuser. These provisions also apply to spouses and children of permanent residents under some circumstances.
By allowing a battered spouse, parent, or child to file an immigrant visa petition on their own, the victim can seek safety and independence from their abuser. The VAWA provisions apply equally to both women and men. These provisions are also permanent and do not require congressional reauthorization.
If you are a parent of a United States citizen and want to learn more about filing an immigrant visa petition under the VAWA provisions of the Immigration and Nationality Act, a VAWA Parent of USC Lawyer NYC can help. The immigration attorneys at Feiner & Lavy, P.C. have successfully helped many clients file for immigrant visa petitions under these circumstances.
Our attorneys can speak many different languages, including English, Arabic, Spanish, and Hebrew, which allow us to help clients with diverse backgrounds. At Feiner & Lavy, we make it a point to help our clients feel comfortable with us throughout the entire legal process. We are always available to answer questions and help our clients with concerns that arise along the way.
Before you get started with filing an immigrant visa petition under these provisions, the first step is to make sure that you are eligible to do so. Individuals eligible to file for this petition under the VAWA provisions of the INA include battered spouses, parents, and children.
In order to be eligible to file an immigrant visa petition as a parent, you must meet the following requirements:
You must have a qualifying parent/son or parent/daughter relationship in order to be eligible to file for an immigrant visa under these circumstances. To establish a qualifying parent/child relationship, the following conditions must be met:
If you are unsure whether you are eligible to file for an immigrant visa under the VAWA provisions of the INA, a VAWA Parent of USC Lawyer NYC can help you find out.
After determining that you are eligible to file for an immigrant visa under these provisions, the next step is to gather the required documentation and prepare your petition. The petition to file is called Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
You must include all of the required supporting documentation with your petition. A VAWA Parent of USC Lawyer NYC can assist you with preparing your petition.
When you are ready to file the form, you must file it with the Vermont Service Center. If you are currently living abroad at the time you wish to file the self-petition, you can file Form I-360 if the abuser is a member of the uniformed services, an employee of the United States government, or if you were subjected to battery or extreme cruelty in the U.S.
If your petition is approved but you do not currently have legal immigration status in the U.S., you may be placed in deferred action. Deferred action means that removal or deportation proceedings will not be initiated against you. If you have additional questions regarding the filing of this petition, a VAWA Parent of USC Lawyer NYC can help.
If your Form I-360 petition for an immigrant visa is granted, then you are eligible to apply to work in the United States. You are also eligible to work in the United States if your petition is approved and you have been placed in deferred action.
In order to apply to work in the U.S., you are required to file the Form I-765, Application for Employment Authorization. A VAWA Parent of USC Lawyer NYC can help you prepare this application and ensure that it is properly filed.
There is no requirement that you hire a lawyer to move forward with filing a petition for an immigrant visa under the VAWA provisions of the INA. However, hiring a VAWA Parent of a USC Lawyer NYC can be highly beneficial for your case.
A lawyer experienced in this area will know the eligibility requirements for a successful application under these provisions. Additionally, an attorney experienced in this area of law will be able to assist you by making sure that you include all of the necessary evidence and documentation with your submitted petition, which will give you the best chance at approval. Contact the immigration attorneys at Feiner & Lavy, P.C. today to speak with a VAWA Parent of USC Lawyer NYC to learn more about how you can move forward with your case.
**This is general information and is NOT intended to provide legal advice.
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