VAWA Lawyer Aurora
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You’re Not Alone
Nearly one in four women in the U.S. experience serious abuse from a partner at some point in their lives. For immigrant survivors, it can be even harder to escape, as fear of deportation or legal trouble may keep them from asking for help.
The Violence Against Women Act (VAWA) offers hope. It allows survivors to seek legal protection and even permanent residency — without needing their abuser’s support.
Keep reading to learn how VAWA can protect you, why a good lawyer can make a big difference, and how to find the right one to help you apply with confidence. We’ve helped countless clients benefit from the VAWA and we hope this article helps you benefit from it, too.
What Is a VAWA Lawyer?
A VAWA lawyer is an attorney who specializes in helping individuals apply for a Green Card and immigration benefits under the Violence Against Women Act.
The Violence Against Women Act was enacted in 1994 to protect victims of domestic violence, sexual assault, and other forms of abuse. While it was initially focused on women, VAWA protections extend to all genders, including men, LGBTQ+ individuals, and non-binary people.
One of the most crucial aspects of VAWA for immigrants is that it allows victims to self-petition for a Green Card (lawful permanent residency) without the abuser’s knowledge or consent.
How Do You Know If Your Case Qualifies for VAWA?
To qualify for VAWA, you must meet the following criteria:
- The abuser must be a U.S. citizen or lawful permanent resident who is your spouse (current or former; must file within two years of divorce), parent (if you are unmarried and under 21, or under 25 with abuse-related delay), or child.
- You must prove that the U.S. citizen or Green Card holder abused you via physical, emotional, psychological, financial, sexual, or immigration-related (e.g., deportation threats) means.
- You must prove you lived together at some point.
- You must have no serious criminal record, fraud, or drug abuse in the past three years.
- You must submit the form I-360 with evidence (e.g., personal statement, police/medical reports, emails, text messages, or affidavits). The abuser will not be notified.
Why You Need a VAWA Lawyer in Aurora
A VAWA lawyer in Aurora is the best advocate for your case and helps you in the following ways:
Assessing Your Eligibility for VAWA Self-Petition
A VAWA lawyer will assess whether your case meets United States Citizenship and Immigration Services (USCIS) requirements.
They will review your marriage, birth, or adoption records and verify your relationship status to ensure your eligibility is not challenged.
Even if there is no physical violence in your case, other forms of abuse are valid under VAWA. The lawyer will ensure you present your case within the legal definitions of abuse.
The law requires you to cohabitate with the abuser at some point. The VAWA lawyer will also help you compile your evidence such as:
- Leases, rent agreements, or utility bills
- Shared bank statements, mail, or correspondence
- Affidavits from neighbors, friends, or relatives confirming cohabitation
They will also assess your background for issues that may affect your case, such as criminal charges or immigration violations. Your moral character will be thoroughly documented through police clearance certificates or character reference letters from employers or religious figures.
Submitting Your Petition
VAWA immigration process begins with filing Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with the USCIS.
Completing this form requires a thorough understanding of USCIS procedures. Errors or inadequate documentation in the form I-360 lead to denials or Requests for Evidence (RFEs).
A VAWA lawyer will ensure that:
- All information on Form I-360 is complete and accurate
- The petition is confidential — the abuser is not notified
- Supporting documents are included to reduce the risk of RFEs
- The petition is filed within the required timeline
Gathering Evidence and Documentation
Strong evidence is essential to prove your case under VAWA. However, many survivors find it difficult to collect evidence due to trauma or fear of retaliation.
VAWA lawyers know exactly what types of documentation USCIS looks for and can assist you in gathering and organizing this material.
They will help you collect proof of abuse such as:
- Medical records documenting injuries or mental health treatment
- Police reports
- Protection orders or court records related to domestic violence
- Witness statements from friends, neighbors, coworkers, or family members who observed or were aware of the abuse
- Photos, emails, text messages, or voicemails showing threats or injuries
If formal records are unavailable, a lawyer can help you create a compelling personal affidavit explaining your experiences.
Your lawyer will also guide you in submitting documentation that proves your relationship with the abuser and cohabitation.
Assisting With VAWA Immigration and Visas
Filing the I-360 is just the beginning. Once your petition is approved, you will need assistance with additional immigration steps that require additional evidence, including:
- Proof of your approved VAWA petition
- Records showing your physical presence in the U.S.
- Updated documentation on your relationship, moral character, and financial situation
If you need to work while your case is pending, a lawyer can assist you with Form I-765 (Application for Employment Authorization) so you can support yourself.
If you are facing deportation or removal proceedings, you may be eligible for cancellation of removal, a VAWA petition for a battered spouse or child, or a waiver. Additionally, your lawyer may help you get a U-Visa.
Safety Planning While Pursuing Your Vawa Case
While pursuing your VAWA case, your safety remains our top priority. We help create a comprehensive safety plan that includes securing important documents in a safe location away from your abuser, establishing emergency contacts, and identifying local shelters or safe houses in Aurora.
We also ensure all communications about your case remain confidential — your abuser will never be notified about your VAWA petition.
Additionally, we can connect you with local domestic violence organizations that offer 24/7 support, counseling services, and emergency assistance.
What to Look for in a VAWA Lawyer Aurora?
Your VAWA lawyer in Aurora needs to be experienced in immigration law while also being sensitive to your needs. Here’s what to look for when choosing a lawyer:
- Specialization in immigration and VAWA cases. Look for a lawyer who specializes in immigration law and has specific experience handling VAWA cases. A specialized attorney will understand the requirements for form I-360 (VAWA self-petition), form I-485 (Adjustment of Status), and form I-765 (Work Authorization). They will also know how to handle Requests for Evidence (RFEs) and USCIS interviews.
- Strong communication skills. Your lawyer should explain each step of the process in simple, understandable language. Avoid lawyers who are difficult to reach or do not communicate effectively.
- Sensitivity to trauma and cultural understanding. Look for a lawyer who demonstrates compassion and empathy. They should be experienced in working with survivors and be sensitive to your cultural background, including gender roles, family dynamics, and the stigma surrounding abuse or immigration issues.
- Transparent fee/payment plans. Your lawyer should clearly mention their fee structure (flat fee vs. hourly billing), payment plans or sliding-scale fees based on income, and any additional costs, such as filing fees or costs for document preparation.
- Professional affiliations and credentials. Check if the lawyer is a member of recognized organizations like the American Immigration Lawyers Association (AILA) and has proper licensing. Look for additional certifications or specialized training in immigration law and domestic violence cases, as these indicate ongoing professional development and dedication to this area of practice.
Why Choose Birch Grove Immigration?
At Birch Grove Immigration, we understand the profound challenges that survivors of abuse face when their immigration status depends on an abusive relationship.
Here’s why you can trust with your VAWA self-petition and immigration journey:
- We specialize in cases where abuse survivors need to secure legal status through self-petition under VAWA. Our knowledge of both federal immigration and local Aurora law with support resources in Aurora ensures your case is handled with care and expertise.
- We offer confidential consultations to discuss your case, protect your privacy, and provide emotional sensitivity during every interaction so you feel heard and respected.
- Our firm handles all aspects of your case including evaluation of your relationship to the abuser and abuse history, documentation, petition filing, and follow-up services.
Let an experienced attorney guide you through your options for immigration and how you can benefit from VAWA in Aurora. Contact us today to find out how we can help.