What Documents Do I Need for Vawa

If you submit documents (copies or original documents, if necessary) in a foreign language, you must attach a complete English translation as well as a certificate from the translator confirming that the translation is complete and correct and that he is competent to translate from the foreign language into English. An abuser who holds a green card can be verified by presenting a copy of their green card. If a copy is not available, USCIS I-130 permits or other immigration documents may be filed instead. If you don`t have access to any of these documents, you can file a Freedom of Information Act (FOIA) request with U.S. Evidence, which shows that you have a bank account, leases, real estate, insurance, vacations together, and other documents can also help prove your status. Credit cards and shared phone numbers can also go a long way in proving that you had a deeper commitment. Family members and friends can also make statements that you have made a commitment and can help complete the bigger picture. An immigration attorney is also a knowledgeable resource on how to strategically gather and organize the evidence you need for self-petition. You may also need to work with others, such as a domestic violence advocate, mental health counsellor and other professionals who can write “corroborating” statements to support your allegations of abuse.1 Confirmatory statements can describe the facts of violence as you shared them with the lawyer or counsellor, and explain how these facts constitute domestic violence in your case.

For example, the lawyer can explain the details of any economic control, humiliation, and isolation you have experienced, and how these are forms of power and control commonly used by perpetrators. Confirmation statements can be very helpful, especially if the abuse was not physical or if there are no police reports, protection orders or medical reports. A lawyer who works with you can also help you find and gather other evidence to support your case. Note: The abuser may have done things that are simply too difficult for you or your children to write in your personal statement. If you have told your lawyer or counselor, they can discuss these facts in their corroborating statement and explain what kind of domestic violence it was, such as marital rape. It`s okay to say it`s too difficult for you to describe certain cases of abuse, as long as someone else, like your advisor, can describe it in detail for you based on what you`ve told them. VAWA requires proof that you have lived with the abuser. Leases that include both of your names, shared utility bills, notes from your landlord or neighbor, school records, and other documents that include both names can be used as evidence.

Also consider filing joint tax returns or paying stubs to prove your address and relationship. To file a complaint under the Violence Against Women Act (VAWA), you must file USCIC Form I-360 with evidence proving your eligibility for VAWA and that you are eligible for release. The following information describes the steps you need to take, what is required of you, and the types of evidence that can be presented in support of your case. You are free to submit documents that include both your name and the name of the abuser and your address. If you simply can`t find these documents, it can be helpful to submit statements from friends, family, and others you both know. Please do not submit this checklist with your Form I-360. This is an optional tool that you can use when preparing your form, but it does not replace legal, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically required by the instructions on the form or applicable regulations. You can consult the instructions of the form at uscis.gov/i-360. If you`re in a position where it`s difficult to gather documents, having a lawyer by your side to help you gather evidence and determine what`s appropriate as evidence can strengthen your case. Each individual document listed is not required.

Only a few proofs of each category are mandatory. This list contains only suggestions. All documents must be written or translated into English. Information on all of these categories may be included in the affidavits of the applicant`s family members and friends. This checklist, created by the Tahirih Justice Center, can help applicants gather the documents they need to support their VAWA self-petition. The checklist can also be found here. You need to write a personal statement, which can be very helpful in winning your case. This is the only way for you to tell your story in your own words and for USCIS to hear your “voice.” A lawyer or lawyer can help you organize your story, but your personal statement should be in your own words. You can also use your statement to explain how to meet the other requirements of a VAWA self-petition, especially if you don`t have many other documents to support your case. If you are an immigrant married to a U.S. citizen or LPR, you may find yourself in a situation where your immigration status is threatened by your abuser – your abuser may withhold documents or threaten to deport you.

Note that this doesn`t have to happen for you to be a VAMA immigrant, it could just be a behavior of your abuser. USCIS acknowledges that this is happening. You are always entitled to VAMA, no matter what your abuser is threatening you. We`re here to help you gather evidence in a seemingly impossible situation. VAWA immigration cases are confidential. The government will not contact you directly to ensure your safety. When you are a victim of domestic violence, there is hope. As mentioned earlier, the entire VAWA immigration self-application process is a confidential process that is not shared with your abusive partner or parent. If you file your application without their knowledge, a VAWA lawyer in your area may keep documents, request information and send mail to the law firm on your behalf. Police certificates show that you have led a crime-free life.

Be sure to include all the information for each residence where you have spent at least six months in the last three years. The local police station in each area where you have lived has these records for you, and you can request them by visiting the district where your records are located. When asked why you need this information, explain that it is for immigration purposes. Police records go a long way in proving your good character and establishing that you have not been convicted of a crime. As a VAWA self-applicant, you can submit all relevant credible evidence to the admission requirements for the self-application instead of the proposed evidence. USCIS will determine, in its sole discretion, what evidence is credible and what evidence is considered. In order to submit a self-petition under VAWA, a lot of evidence is required, which you must submit with your form. Your immigration attorney VAWA and USCIS acknowledge that gathering evidence can be difficult depending on your situation. Abusers may withhold documents, or you may have left the country without collecting documents. For VAWA self-applicants, the required evidence must show the following: It is important to note that although the VAWA immigrant visa application process is confidential, your offender may have access to what you want to keep private. Consider your privacy regarding the Internet, the phone, and even computer storage.

Can your abuser see your internet history or previous phone calls? Are you tracked by phone or car GPS or recorded on security cameras? Here are some ways your abuser can find out about your persecution. Don`t let this stop you – you and your VAWA immigration lawyer can find ways to communicate that don`t compromise your safety while pursuing this application. VAWA beneficiaries are those who are in a situation of domestic violence. Although the name is Violence against Women Act, the protection of the law is not limited to migrant women. If you are a male abuse in a partnership or a child victim of domestic violence and child abuse, you can submit a personal request under VAWA. You are eligible to apply yourself under VAWA if: VAWA offers abused and abused immigrant spouses and children of U.S. or LPR citizens the opportunity to obtain their own lawful permanent residence. VAWA allows you to obtain a green card without notifying your offender. You can apply for a green card on your own. With Form I-360, you must demonstrate that you meet VAWA`s requirements. At a minimum, you must provide the following information: For an abuser who is a U.S.

citizen, it is permissible to submit a copy of the abuser`s U.S. passport, birth certificate, or naturalization certificate. In some states, you can contact the recorder in the county where the abuser was born to request a copy of their birth certificate. In cases where the offender has already filed a visa petition on your behalf via the USCIS I-130 form, you may attach a copy of the petition as proof of their immigration status in the United States. 1 See 8 CFR § 204.2(c)(2)(i)2 8 U.S.C. 1154(a)(1)(J); INA § 204(a)(1)(J) In your statement, include as much information as possible that will help describe the relationship. This should include how you met the abuser, how your relationship developed, and why you decided to marry the abuser. Also list the different types of abuse you experienced and where each case occurred.