How Does the Violence Against Women Act Affect My Removal Case?

How Does the Violence Against Women Act Affect My Removal Case?

The Violence Against Women Act (VAWA) is a federal law that provides various protections for women who have experienced violence, including immigrant women. Since the inception of the law in 1994, immigrant victims of domestic violence have been able to obtain relief through the self-petitioning process, which allows them to seek lawful permanent resident status without the cooperation of an abusive spouse, parent, or adult child who is a U.S. citizen or a lawful permanent resident. The process enables victims to confidentially file for and receive lawful permanent resident status without notifying their abusers. As a result, an immigrant woman who is the victim of domestic violence who wishes to leave her abusive relative now can do so, because she already has attained lawful permanent resident status and no longer must depend on the relative for her immigrant status. VAWA also protects immigrant women by making U visas and T visas available to them. A non-citizen can seek a U visa if he or she has suffered substantial physical or mental abuse as a victim of certain criminal activity. These crimes include rape, torture, trafficking, domestic violence, sexual assault, prostitution, and abduction, among others. The individual seeking the U visa must have information about the crime and be helpful to the prosecution or law enforcement officials investigating the crime. Eligibility for a U visa also requires that a person be otherwise admissible under immigration law, or qualified for a waiver of admissibility. A U visa lasts four years, but after three years of continuous residence in the U.S., an individual with a U visa can apply for lawful permanent resident status. We have a video on the U-visa here for more information. Similarly, a T visa is an option for victims of severe forms of human trafficking, including those involving children under the age of 18. In order to be eligible for this type of visa, an individual must be present in the U.S. as a result of the human trafficking activities, assist law enforcement officials in any investigation or prosecution of the traffickers (only if the victim is over the age of 18), and demonstrate that she will suffer extreme hardship involving unusual and severe harm if removed from the U.S. This type of visa protects an individual from removal and allows her to work in the U.S. The deportation defense lawyers of Landerholm Immigration, A.P.C., focus all of their efforts on advocating on behalf of immigrants charged with deportation. We will carefully examine all of the facts in your case, determine which options are available to you, and then gather the evidence necessary to build the strongest defense to removal that is possible in your case. Having a strong advocate on your side early on in your removal proceedings can be the key to success. Please don’t hesitate to call us today and learn about the different strategies that we can use in your deportation case. Para Espanol haz click aqui!
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