Do you have a difficult DACA, Naturalization, Green Card related case ?
In a perfect world every case would be straight forward with no issues or complications. This is always not the case.
- Do you have a lot of traffic tickets and are worried whether you can still apply for naturalization?
- Did you receive a NOID for your I-130 or I1485 petition and need assistance with responding to it.
- Did you receive a RFE (Request for Evidence) and need assistance with responding to it.
- Was your form I-485 (Application to Adjust Status) denied erroneously and you need to file a motion to reopen or reconsider?
- Are you a Lawful Permanent Resident who has stayed outside the US for more than 6 months but less than a year and want to know how this impacts your ability to naturalize?
- Do you have an error on your initial DACA application and now are ready to renew DACA? Do you have a DUI record but want to apply for naturalization?
- Is your conditional legal permanent resident status expiring and you are in the process of divorcing your spouse who petitioned for you?
We have experience dealing with all of the above matters and would be happy to discuss your case and assess what viable solutions are available.
Attorney Shobhana Kasturi ( Owner at Kasturi Law, LLC ) is dedicated to zealous and effective representation. Call (630) 392-8101 today or email firstname.lastname@example.org today for a 10 minute free consultation.
What is VAWA?
VAWA allows abused immigrants to submit a petition to stay in the United States without having to rely on their abusive Citizen/LPR sponsor. Once the petition for VAWA has been granted, the abused immigrant (male or female) can file an I-485 to adjust status and secure a green card.
- Spouses – A spouse abused by a USC/LPR (children of the abused spouse can also qualify)
- Children – A child abused by a USC/LPR Including: The spouse of a USC/LPR whose child has been abused may file a self-petition based on the abuse of the child.
- Parents – The abused parent of a USC is also eligible.
Further requirements for abused spouses:
- Is she/he or was she/he married to USC or LPR;
- Was the Marriage in good faith?
Requisites for all victims:
- Has or had a qualifying relationship to the abuser;
- Subjected to battery or extreme cruelty by the abuser;
- Lives or lived with abuser ;
- Good moral character.
How do I apply?
The first step is to File Form I-360 with the Vermont Service Center (VSC). If you qualify as an immediate relative, you can file I-360 and I-485 to adjust your status and secure your green card (permanent resident status). If you are a non-immediate relative, (spouse and children of LPR), you may also file the I-360 and I-485 with the VSC if their visa number is immediately available.
You may use another mailing address or a “safe address,” on Form I-360 . USCIS will use this safe address as the mailing address for all correspondence regarding the your VAWA-based immigration relief.
THERE IS NO FEE for the Form I-360 filed by VAWA self-petitioners.
What documentation do I need?
Documentation that would substantiate the abuse. Medical records or affidavits from individuals familiar with the abuse situation help to demonstrate the abuse. In the case of a spouse self-petitioner, one must demonstrate good faith marriage. Documents such as marriage certificate, joint bank accounts, joint leases, joint credit card statements, and photographs also help establishing the good faith marriage.
How does this Visa benefit me?
Some of the benefits are that you do not need a sponsor for this visa. You can self petition. If your abuser’s status changes once your self-petition is filed, then this does impact your self petition.
Once the Visa is approved, you could be placed in deferred action to avoid removal from the U.S. You can remarry. The remarriage will not impact the approval of the self-petition. You can adjust status to lawful permanent resident. If you are an immediate relative (i.e.. spouses, children, and parents of USCs), you can file for adjustment at the time you filed your self petition VAWA.
Can I get work authorization?
Yes, you may get work authorization once your VAWA visa has been granted.
Each case is different. Feel free to contact me at (630) 392-8101 or email me at email@example.com to discuss your case.
How can Kasturi Law, LLC (Attorney Shobhana Kasturi) assist you?
- Discussing in detail the time frame and process/cost involved.
- Filing the appropriate forms required to apply for VAWA.
- Providing a detailed checklist of documents needed.
- Reviewing ALL documentation related to the filing.
- Attending an interview with USCIS (if required).
Call us today at (630) 392-8101 or email firstname.lastname@example.org to further discuss whether you may be eligible for VAWA relief.