A lot of immigrants believe they don't qualify for a VAWA when they actually do.
Successfully filing for VAWA may get you a green card, and a work permit,
deferred action, and travel permission while your application is being processed.
So today, I want to share with you the top common misconceptions
about VAWA cases that prevents people from ever filing in the first place.
The Violence Against Women Act, or VAWA, allows both men and women
to file for a green card and protection when they have experienced
physical abuse or extreme cruelty from their U.S.
citizen or lawful permanent resident spouse,
parent, or child, and to take control of their lives
without their abusive family member knowing or controlling their case.
My name is Moumita Rahman,
and I'm an immigration lawyer that has helped hundreds of immigrants
throughout the United States successfully file for VAWA.
If you are looking for an appointment, give us a call: 212-248-7907.
My mission is to help those who have not felt any hope
take control of their situations and realize their dreams.
I often talk with people who don't think they qualify for
VAWA or worse, were told by other attorneys
that they don't qualify for VAWA, simply because they are missing
certain types of evidence or other things may be present in their case.
These misconceptions may be things like being told
that they need to get a divorce before they file for VAWA,
or that they must have police reports or medical reports to document
physical abuse.
These are simply not required in order to have a successful and approved VAWA case.
So let's take a look at the top seven reasons why you may actually qualify
for VAWA, including how it may help you overcome the permanent bar.
Reason number one: VAWA helps both men and women.
The Violence Against Women Act does not protect only women,
it also allows men to file as well as parents of U.S.
citizen adults.
Unfortunately, many men will say in abusive relationships
without applying for VAWA simply because of its name
or because they have been told that it only applies to women.
If you are a man experiencing emotional or physical violence
from your spouse—whether your spouse is also a man or is a woman—remember
that you have just as much right to apply for VAWA as anyone else.
The law is designed to protect you as well.
Reason number two: VAWA also considers extreme cruelty
to be just as much of a legitimate form of abuse as physical violence.
A common misconception that prevents people from filing for
VAWA is the belief that only physical abuse is considered
to be legitimate or required for VAWA, but this is simply not true.
The law is written to protect immigrants who experience extreme cruelty
at the hands of their U.S.
citizen or green card holding spouse or even their adult U.S.
citizen child.
The definition of extreme
cruelty is left intentionally vague and is meant to be broad.
You can consider extreme cruelty to be like emotional abuse.
This includes things such as bullying or constant verbal attacks,
threats to take your children away or harm you with deportation, controlling
where you go and who you see or who you talk to, not helping
you fix your status so that you remain dependent
on your spouse or child, or controlling money.
No one
deserves to be subject to this treatment, and if you're an immigrant experiencing
these treatments at the hands of your spouse or adult U.S.
citizen child, you may qualify for VAWA.
Reason number three: you don't need a police report.
It is a common myth and one perpetuated by many other attorneys that you must have
a police report in order to successfully receive VAWA protection.
It is also a common myth that you must have witness affidavits
who witnessed the abuse.
While police reports and statements from others are important to cases,
they are not required to prove abuse in a VAWA case.
We often tell our clients that you are your own best evidence.
It is sometimes possible to prove your case simply through your own
very detailed affidavit that accounts for what you have gone through.
Two other ways that you can help support your case are by getting an assessment
from a licensed professional psychologist who works with victims of abuse
and working with your immigration attorney to write the best possible affidavit
that can support your case.
We have successfully helped many people document their abuse simply
through their affidavits and through other ways of proving what has happened.
We would love to do the same for you if you are in this position too.
Reason number four: you can be married or divorced.
Many immigrants
think that in order to file for VAWA, they must separate from their spouse
or get divorced.
This is actually not necessary.
You can apply for VAWA whether you stay married, whether you are separated,
or whether you have been divorced within the last two years.
Whichever choice you make, VAWA will be the tool to help you gain
legal protection as an immigrant, and then you can do
whatever it is that is best for you and your family.
You no longer need to live underneath
the control of your spouse in order to gain protection.
Reason number five: your spouse won't get in trouble.
Some people know they qualify for VAWA, but still don't want to apply
because they are still afraid of getting their spouse in trouble.
Relationships are complicated and no matter what you have gone through,
you may still not want it to go on your spouse's public record
or for them to get in trouble with the law or with other authorities
because of what they have done to you.
You can rest assured that nothing will happen to your spouse.
There is a huge emphasis on privacy and confidentiality built around VAWA.
The government will not contact your spouse or other agencies
and your case will remain safe, while also your spouse will not be affected either.
Your spouse may never even know or find out or have an inkling
that you gained your green card through VAWA.
Reason number six: your abuser can also be your adult U.S.
citizen child.
Most VAWA cases are filed by spouses of U.S.
citizens or lawful permanent residents,
but the VAWA program also protects parents of adult U.S.
citizens who have suffered battery or extreme cruelty
where the child is at least 21 years old.
Reason number seven: you can apply for a VAWA with the permanent bar.
I will often hear people say that they will never be able to get VAWA
because they have the permanent bar.
However, having a permanent
bar does not actually prevent you from getting your VAWA case approved.
It is still possible to be approved for VAWA,
even if you have the permanent bar and in many cases a waiver
may be available to you in order to get your residency through VAWA
if you have the permanent bar, where we can show a connection
with the abuse and your exit, reentry, or deportation from the US.
If you have any questions or believe that you may qualify for VAWA
or you want to find out what your options are, feel free to give our office
a call at 212-248-7907
to see if we can schedule you for an appointment.
We have helped hundreds of people successfully take control
of their lives and receive protection underneath the VAWA program.
And if you would like to learn more
about the VAWA process and what sort of evidence we need
and what steps it takes, I include a link to my video here.
I'll also continue to release more videos and information about VAWA as it becomes
available, so if you have not yet subscribed, make sure to do so now.
Click here to watch this video next and I'll see you there.