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VAWA Visa Petition Lawyers in San Jose

Helping Clients Overcome Abuse and Obtain Legal Status

Immigration issues can be complex and overwhelming. It can be even more complicated and stressful when you are a victim of domestic violence. Abuse victims are often made to feel that their opinions and well-being are unimportant, making it extremely difficult to pursue justice when seeking legal status or citizenship. However, you do not have to tackle this challenging situation alone.

At The Law Offices of Daniel Shanfield Immigration Defense P.C., we believe that every victim of domestic abuse deserves to feel safe and have the freedom to escape their situation. This includes staying in or entering the United States. Recent legislation provides a way for individuals suffering from abuse to gain lawful permanent resident status without the sponsorship of an abusive partner. We can help you understand your rights under the Violence Against Women Act (VAWA).

Whether you are a victim of sexual assault, psychological abuse, financial abuse, or other extreme cruelty, you have hope through the VAWA self-petition process. Our immigration attorneys can help you understand if you qualify for the Violence Against Women Act and assist with the application process. We are standing by to offer excellent legal counsel and top-quality representation based on over 50 years of combined experience. Call now to discuss your unique situation and see how we can provide immigration relief.

Who Qualifies for VAWA?

Whether you are a husband or wife who has been abused by a spouse or a child who has suffered abuse from a parent or family member, you may be eligible for self-petitioning under the Violence Against Women Act (VAWA). You don’t need the abusive spouse’s permission, and they don’t even need to know that the process has taken place for you to get a green card. Individuals who have been abused by a U.S. citizen or lawful permanent resident, including males, females, and children, may qualify. Adults who are abused by their adult children may also self-petition under VAWA.

Some specific requirements to be eligible for VAWA self-petition include the following:

  • The marriage was entered into in good faith.
  • The conditional resident was subject to extreme cruelty, abuse, or battering during the course of the marriage or at the hands of a U.S. citizen parent.
  • Removing the conditional resident would bring extreme hardship to the abused spouse or children.
  • The abused individual has good moral character, which includes a clean criminal record in most cases but may be waived with the help of a skilled immigration attorney.
  • The person’s marriage is still valid or was terminated less than two years before petitioning for benefits under VAWA.

Reach out to our VAWA immigration lawyers right away for help determining whether you are eligible and to file a VAWA self-petition.

What Types of Abuse Qualify Under VAWA?

Some examples of types of activities that could qualify as abuse include:

  • Psychological abuse, including threats of taking your children away or revoking their support of your lawful status
  • Financial abuse, such as controlling the money, credit cards, and financial accounts
  • Intimidation, which may include destroying your property or acting aggressively to scare you
  • Emotional abuse, such as calling you names or going through your mail and email
  • Isolation, which can mean preventing you from using the phone or maintaining contact with friends and family members
  • Sexual abuse, including rape, assault, stalking, and accusing you of sleeping with other people
  • Physical abuse, such as hitting, slapping, kicking, pushing, and other physical acts

If you think that you or your child qualifies for legal protection under VAWA, please consult with an experienced immigration attorney like those at our law firm. We can get you the protection you need in various abusive relationships, including ensuring you stay in the U.S. legally.

What Are the Benefits of a Successful VAWA Petition?

An immigrant can benefit from the Violence Against Women Act in various ways. A VAWA immigration lawyer can help you prove that you are eligible under U.S. immigration laws, helping you stay in the U.S. legally.

Some additional benefits available for domestic violence victims under VAWA include:

  • Self-petitioning process that allows you to seek a green card without the support, consent, or knowledge of your abuser based on family relationships and the abuse you’ve endured.
  • Modification of conditional residency status, meaning you may be able to adjust the two-year restriction on your current legal status if you can prove the existence of physical, mental, or other kind of abuse.
  • Deportation defense, which means you may be able to fight deportation proceedings because of the abuse.

Whether you have gone through mental abuse, abusive sexual contact, or any other cruelty, remember that you have rights that must be respected. Our immigration attorneys are proud to fight for victims and get them the results they need under the Violence Against Women Act. Reach out to our law firm immediately for excellent counsel and immigration services.

Can I Qualify for VAWA if I Have Not Been Physically Abused?

One common misconception regarding VAWA benefits is that the VAWA self-petition is only valid for those with proof of physical assault. This myth is carried on by inexperienced lawyers looking for an easy case. Our skilled legal team can help, even if you have not been a victim of physical abuse.

Our highly trained legal team can uncover evidence of cruelty, including financial abuse and emotional abuse. You do not need to provide police reports, even though these can be helpful if they are available. You also do not need to notify your abuser that you are meeting with an immigration attorney about VAWA benefits. Call now for the immigration relief you deserve.

Can I Obtain VAWA Benefits As a Man?

Anyone who is abused by a U.S. citizen or lawful permanent resident who fulfills the other criteria may petition for benefits under VAWA. This includes women, children, and men. It may be more challenging for men to admit that they’ve been abused by their wives because this goes against the societal norm of a man abusing his wife. However, the rights of males are equally protected under U.S. law and men who suffer because of abusive spouses are also considered victims of domestic violence with rights under VAWA.

If you are an abused spouse who has suffered physically, emotionally, or financially because of your controlling spouse, please reach out to our law firm for help. We can ensure you have the means necessary to leave the situation if you wish while helping you obtain lawful status without the support of your abusive spouse.

These requirements also apply to individuals who are not married to their abuser under an updated U visa program. Men and women seeking permanent residence may be able to do so with the help of a knowledgeable VAWA visa petition lawyer in San Jose. Call our law office right away for more information.

How Can Hiring a Lawyer Help Me Obtain Legal Immigration Status Through VAWA?

Immigration cases are notoriously complex, even with the support of a U.S. citizen spouse or permanent resident. If you are battling the immigration system and an abusive spouse at the same time, you need specialized counsel from experienced attorneys who will fight aggressively for your well-being.

Failing to obtain permanent residency may result in drastic measures, including removal proceedings. Our legal team has up-to-date knowledge of immigration laws, including the nuances of VAWA cases. We will fight tirelessly to keep you in the country legally, even if your family member does not support you.

Should You Hire Our San Jose VAWA Lawyers?

It can be tricky to choose an immigration attorney with the many options available. When you hire The Law Offices of Daniel Shanfield Immigration Defense P.C., you will have the peace of mind knowing that your case is being handled by confident, aggressive lawyers who will not rest until every effort has been made to get you the results you need.

When you or a loved one is facing any type of abuse, this can be terrifying and frustrating. Our legal team will listen closely to your concerns and explain your options carefully and honestly. We want to understand your goals so we can match our legal services to your exact situation. That could mean filing a self-petition under VAWA or seeking another immigration benefit.

One of the primary objectives of many abusers is to make the victim feel alone. Regardless of how you feel or what your abuser says, you can get help to reach a better life and a new, brighter future. Call our immigration attorneys today to learn how we can help. You can reach our compassionate, competent team of lawyers by calling 408-359-4388.