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Introduction

When you file a VAWA self-petition, you become exposed to various information about the process. Since those filing for this petition usually do so without their abusers knowing, it can be difficult as you often feel like you are doing it alone, with no one to ask for help. At the Coleman Law Group, we support all victims and are there at any time to help advise you through your self-petition process. Unfortunately, a lot of the information online about the VAWA self-petition is not always accurate, so today we are busting some of those myths to make the process a little easier for you.

Some Popular Misconceptions about VAWA Self-petition

Indeed, filing a VAWA self-petition may get further complicated by confusion or doubt about VAWA requirements. Some of the misconceptions you may encounter include the following: 

You Must be Married to File a Self-petition 

This statement is false. Within two years after divorce, a domestic violence victim can file a VAWA self-petition. The victim is not required to be living with the ex-spouse. However, they need to be able to prove their relationship with the person who abused them and show proof of abuse or harm. 

Only Women are Eligible to File a Self-petition

It is easy to believe only women are eligible to file a VAWA self-petition since the acronym VAWA stands for Violence Against Women Act. However, this is not true. Initially created to stop violence against women, the VAWA broadened its reach.

VAWA laws make sure that individuals with abusive relatives receive the same level of support and protection. These laws indicate zero tolerance for violence, irrespective of gender. Here is a list of those who can file for VAWA self-petition: 

  1. Former or current spouses of abusive U.S. citizens or lawful permanent residents. 
  2. The children of abusive parents or lawful permanent residents. 
  3. Parents of adult U.S. citizens. 
  4. Parent of abused children of U.S. citizens or lawful permanent residents.

Victims must Suffer Physical Abuse to File a Petition

Although physical abuse is a valid reason to file a VAWA self-petition, it is worthy of note that battery is not the only form of abuse that is recognized. Verbal and emotional abuse from your partner, parents, or kids also matter. Your ability to prove how detrimental verbal or emotional abuse was in your VAWA self-petition is advantageous.

Sometimes, these seemingly inconsequential actions metamorphose into intense cruelty. Acknowledging emotional abuse as a valid reason to leave allows victims to escape destructive relationships.

You Must Reconcile with Your Abuser

The victim and their abuser do not have to reconcile during the VAWA self-petition process. VAWA ensures that oppressed individuals can obtain legal status and protection without their violent relatives. When their application for a Green Card gets approved, they become permanent residents of the United States. This means they can enjoy citizen rights from the government and society.

Deportation is Instant When Your Application Gets Denied

Deportation may occur, but it is not definite. Various actions can lead to the denial of a VAWA self-petition. For this reason, it is advisable to employ the services of a trusted attorney when filing your VAWA self-petition. An attorney ensures you provide all the documents and evidence required for VAWAself-petition.

You Need Photos to Prove You Were Abused 

This statement is also false. As already mentioned, abuse takes different forms. It is almost impossible to prove verbal abuse using pictorial evidence, for example. Apart from the fact that abuse varies, it may be hard to keep pictorial evidence during extreme cruelty. Evidence of abuse can take place in the form of police reports, witness statements, video, screenshots of text messages, and more.

The Abuser Gets an Interview to Confirm Events

Privacy is guaranteed when filing the VAWA self-petition. Contacting the petitioner’s abuser may worsen their situation, hence the decision not to. There will be no interview with the abuser.

The Role of Legal Representation in a VAWA Self-Petition 

The functions of legal representation in a VAWA self-petition are numerous. Sure, you can file the petition on your own. However, having a lawyer can be advantageous. Some benefits of legal representation are listed below:

  1. Emotional Support and Encouragement: The process of filing a VAWA self-petition can be emotionally and mentally draining. Having a lawyer who is supportive and reassuring boosts your moral and can help ease some of the stress.
  2. Interpreting Legal Standards: A VAWA self-petition has legal standards and requirements before you are considered eligible. An attorney who understands how U.S. laws work will explain these requirements so you fully understand the process and all of its different aspects.
  3. Document Review and Guidance: An expert attorney knows the documents required during your VAWA self-petition. They help with evidence, such as affidavits or police records, that prove your claims.
  4. Assistance with Appeal: An attorney can help you file an appeal to reopen your case if your VAWA self-petition gets denied. They can teach you how to address the reasons for denial so you stand a chance of success on your next attempt.

What to Expect While You Await Approval of Your Self-petition 

Deciding to file your VAWA self-petition initiates a process created to provide legal status to victims of domestic abuse. The process can last several months and may require more than one petition. Below is an explanation of what to expect. 

  • Receipt Notice: When you file your petition, you will receive a receipt notice that indicates a case number for your form. Receipt notices take about three months to receive. Your receipt notice tells you when your VAWA self-petition was filed and can help you track the progress of your case online.
  • Request for Extra Evidence: Sometimes, the USCIS sends an official notice requesting extra documents or information to confirm your qualification for a green card. This notice is called Form I-797E.
  • Interview Invitation: You may get interviewed based on Form I-485 when you apply for lawful permanent resident status. This form certifies your eligibility for citizenship. Many VAWA cases receive approval without an interview.
  • Case Duration: It may take the U.S. Citizenship and Immigration Services many months to review your VAWA self-petition. So, it is advisable to remain patient and current on the status of your case. Maintain good moral character to increase approval chances. If your petition gets rejected, you can decide to appeal your denial.

The Coleman Law Group Can Help You

The attorneys at Coleman Law Group are devoted to ensuring these myths do not scare or stop you from filing your VAWA self-petition. Our top priority is supporting you during this process, so if any other questions arise concerning the process of VAWA self-petition or the VAWA process at all, don’t hesitate to call us. Contact us today for a free consultation!