American visa law group

VAWA Requirements Checklist & FAQ | Costs & Fees

Our law firm regularly handles VAWA petitions and can advise you on VAWA requirements. We provide this guide which goes over typically asked questions such as visa requirements and more.
What is a VAWA Petition and who Qualifies?
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The E-1 visa is a type of visa for individuals who are part of an international trade treaty between their country and the United States. This visa allows individuals to enter the US to engage in substantial trade between their country and the US.

To qualify for an E-1 visa, the individual must be a national of a country with a treaty of commerce and navigation with the United States. Additionally, the trade between the individual’s country and the US must be substantial. The individual must also be coming to the US to engage in substantial trade activities, such as negotiating contracts, consulting with business associates, or participating in trade fairs.

The individual must also be an executive or supervisory employee, or have skills essential to the efficient operation of the trade. In other words, the individual must play an important role in the overall trade activities.

It’s important to note that the E-1 visa is not intended for permanent immigration to the United States, but rather for temporary stays. The visa may be renewed indefinitely as long as the individual continues to meet the requirements for the E-1 visa.

For more information on the E-1 visa, including the list of countries eligible for the E-1 visa and the application process, please visit the U.S. Citizenship and Immigration Services (USCIS) website at https://www.uscis.gov/working-united-states/temporary-workers/e-1-treaty-traders or the Department of State’s Bureau of Consular Affairs website at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/e-1-treaty-trader-visa.html.

In conclusion, the E-1 visa is a valuable option for individuals who are part of a treaty country and are engaged in substantial trade with the United States. It allows them to temporarily enter the US to further their trade activities. To determine if you qualify for an E-1 visa, it is best to consult the USCIS and DOS websites for the most up-to-date information.

VAWA Requirements: Document Checklist
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If you are a victim of domestic violence and are looking to file a VAWA petition and to learn what are the VAWA requirements, there are certain required documents that you will need to gather in order to support your petition. Having these documents in order and organized can help ensure a smooth application process. Below is a checklist of the required documents for a VAWA petition:

  1. Form I-360: This is the primary document that needs to be filed with USCIS to initiate the VAWA self-petition process.
  2. Evidence of abuse: This can include police reports, court records, medical records, affidavits from witnesses, or any other documentation that proves you have been a victim of abuse by your U.S. citizen or permanent resident spouse or parent.
  3. Proof of relationship: You will need to provide documentation that proves your relationship to your abusive spouse or parent, such as a marriage certificate or birth certificate.
  4. Proof of residency: You will need to provide documentation that proves you are currently residing in the United States or have previously resided in the United States with your abusive spouse or parent.
  5. Proof of good moral character: You will need to provide documentation that demonstrates you are a person of good moral character. This can include employment records, school records, or letters of reference.
  6. Evidence of eligibility for immigrant visa: You will need to provide documentation that demonstrates you are eligible to receive an immigrant visa and are admissible to the United States.

It’s important to note that the specific documents required may vary depending on your individual circumstances. It’s always a good idea to consult with an experienced immigration attorney to ensure that you have all the required documents in order.

In addition to the required documents listed above, you may also want to provide any additional documentation that supports your case. This can include letters from friends or family members, photographs, or any other evidence that helps demonstrate the abuse you have suffered.

Filing a VAWA petition can be a complex process, but having all the required documents in order can help ensure a successful application. If you are a victim of domestic violence and are considering filing a VAWA petition, it’s important to seek the help of an experienced immigration attorney who can guide you through the process.

Sources:

USCIS: https://www.uscis.gov/humanitarian/battered-spouse-children-parents

National Immigration Project: https://www.nationalimmigrationproject.org/legalresources/vawa_self_petition_req_docs.pdf

Interesting VAWA Statistics and Facts
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The Violence Against Women Act (VAWA) is a federal law that was originally enacted in 1994 to address domestic violence and other forms of violence against women. Since then, VAWA has been reauthorized several times and has expanded to provide protections for victims of stalking and dating violence as well. Here are some interesting statistics and facts about VAWA:

  • According to the National Domestic Violence Hotline, 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, sexual violence, and/or stalking.
  • VAWA provides funding for domestic violence shelters, rape crisis centers, and other services for victims of domestic violence and sexual assault.
  • In 2013, the reauthorization of VAWA included provisions to protect LGBT individuals and Native American women, who experience domestic violence at higher rates than other populations.
  • In 2019, VAWA was reauthorized in the House of Representatives, but has not yet been taken up by the Senate.
  • US Presidents have spoken out in support of VAWA. President Joe Biden, who was a primary sponsor of the original legislation, has said that “VAWA is a critical lifeline for survivors of domestic violence and sexual assault.” President Obama called VAWA “a victory for every American who has ever had to worry about their own safety or the safety of someone they love.”

Despite the importance of VAWA, there has been controversy surrounding its reauthorization. Some opponents argue that it is unnecessary or that it infringes on states’ rights. However, supporters of VAWA argue that it is a crucial piece of legislation that provides important protections for victims of domestic violence and sexual assault.

Sources:

Should You Hire an Immigration Lawyer to Prepare Your VAWA Case?
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Applying for a Violence Against Women Act (VAWA) case can be a complex process, and it’s important to have an experienced VAWA attorney to help you through it. Here are some reasons why you should consider hiring a VAWA law firm to prepare your case:

  1. Knowledge and Experience: VAWA lawyers have in-depth knowledge of the complex immigration laws and regulations that apply to VAWA cases. They have the experience to navigate the complicated procedures involved in filing a VAWA petition, and can help you prepare a strong and persuasive case.
  2. Personalized Attention: A VAWA attorney can provide you with personalized attention and guidance throughout the entire process. They can help you understand your legal rights and options, and can provide you with the support you need to make informed decisions about your case.
  3. Avoiding Mistakes: Filing a VAWA case requires a great deal of attention to detail, and even small errors or omissions can result in delays or even a denial of your petition. A VAWA lawyer can help you avoid mistakes and ensure that your case is handled with care and attention.
  4. Strong Advocacy: A VAWA attorney can advocate for you throughout the entire process, from preparing your petition to representing you in court. They can help you make a compelling case for why you should be granted relief under VAWA, and can work tirelessly to ensure that your rights are protected.

In short, hiring a VAWA law firm can make all the difference in the success of your case. With their knowledge, experience, and personalized attention, a VAWA attorney can help you navigate the complex immigration process and ensure that your case is handled with the care and attention it deserves.

Sources:

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Additional U-Visa FAQ
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What Are the Drawbacks of the U Visa?

Disadvantages of the U Visa encompass prolonged processing times and susceptibility to varying discretionary decisions. The extended duration of the application process exposes applicants to potential shifts in enforcement priorities and other policy changes, adding complexity and uncertainty to the U visa journey. Understanding and navigating these challenges are essential for individuals considering the U visa option.

Can I Work While Waiting for My U Visa?

Yes, while your U visa application is under review, USCIS grants a U-visa work permit and deferred action. Although deferred action is not an immigration status, it does authorize you to work legally and provides protection from deportation during the waiting period for the USCIS decision on your U visa application. This allows individuals to maintain employment and legal standing while their case is being processed.

Can I Travel Outside the U.S. with a U Visa?

Yes, you are permitted to travel outside the U.S. with an approved U visa. However, it’s important to note that the duration of your stay outside the country should not exceed 180 consecutive days. If you anticipate a longer absence, obtaining a travel authorization before departing is essential to ensure compliance with U visa requirements. Keeping these guidelines in mind is crucial for individuals with approved U visas who plan to travel internationally.

Duration to Obtain Green Card on U Visa?

U Visa holders can apply to adjust their status to lawful permanent resident (green card) after three years in U nonimmigrant status. Following five years as a lawful permanent resident, individuals become eligible to apply for U.S. citizenship. This timeline outlines the progression towards obtaining permanent residency and eventual citizenship for those granted U visas.

What Are the Benefits of the U Visa?

Upon being granted a U visa, individuals enjoy the following benefits of, lawful status for four years, authorization to work lawfully in the United States, and eligibility to apply for lawful permanent status (“green card”) after three years of being in U visa status. These benefits provide U visa recipients with legal standing, work opportunities, and a pathway towards permanent residency in the United States.

What Crimes Does the U Visa Waive?

Response: The U visa may provide a waiver for certain simple immigration offenses. These offenses include, fraud by seeking to enter the U.S. with false or others’ documents, impersonating a U.S. citizen, returning to the U.S. after a voluntary departure. The U visa’s potential waiver for these offenses is a valuable consideration for individuals seeking relief under this immigration program.

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