Santa Ana VAWA Lawyer

Under any circumstances, it can be overwhelming and complex to work out the intricacies of immigration law. However, domestic violence survivors are often forced to deal with even greater obstacles. The Violence Against Women Act (VAWA) gives essential protections to these individuals, offering some non-citizens the ability to self-petition for a green card without their abuser knowing about it. A Santa Ana VAWA lawyer can stand by you and provide compassionate legal support. At U.S. Law Center, our compassionate and skilled immigration team has been representing survivors of domestic violence for years. We can leverage crucial legal protections so you can forge a life free of fear here in Santa Ana. Together, we can protect your anonymity, navigate complex rules and regulations, and provide crucial support with VAWA petitions and adjustment of status measures.

Understanding VAWA Immigration Protections

Sometimes, non-citizens suffer from extreme cruelty or battery at the hands of a U.S. citizen or a family member who is a lawful permanent resident. These victims can apply for a green card without the involvement or consent of their abuser under VAWA. Individuals who may be eligible for VAWA include:

• Children who have been abused by their LPR or U.S. citizen parents
• Former or current spouses of LPRs or U.S. citizens
• Parents who have been abused by their U.S. citizen sons or daughters

Under the essential protections of VAWA, survivors can fight for stability and security, independent of their abusers. Furthermore, USCIS is required by law to keep all proceedings confidential.

How the VAWA Green Card Process Works in Santa Ana

For an individual to adjust their status and apply for lawful permanent residency, they must fill out and file Form I-360 as a self-petitioner. They are also required to submit Form I-485, Application to Register Permanent Residence or Adjust Status. Depending on the case, these forms may be submitted at the same time. VAWA petitioners must be physically located in the United States and demonstrate their eligibility for an immigrant visa.

Petitioners must also show that they are admissible as a lawful permanent resident or, if there are legal obstacles, be eligible for a waiver of inadmissibility. For some cases, it is possible to transform a Form I-485 that is already pending, based on a petition that was filed by their abuser, into a VAWA petition.

Many VAWA petitioners are anxious about their information being leaked to their abusers. This is why USCIS is required to handle cases confidentially. A safe address can be provided where you can receive mail, ensuring that your abuser never finds out about your petition. A dedicated attorney from U.S. Law Center can navigate the VAWA green card application process to ensure your safety, anonymity, and peace.

Adjustment of Status for VAWA Self-Petitioners

If your VAWA self-petition Form I-360 gets approved and there is a visa readily available, you can go through the adjustment of status process, meaning you can apply for a green card without having to leave the country. In addition to submitting your Form I-485, you will be required to provide supporting documentation such as:

• A medical exam (Form I-693)
• Identity documents (passport, birth certificate, etc.)
• Evidence of admissibility or waiver application

The Santa Ana USCIS Field Office will process your case.

Why Choose a Santa Ana VAWA Lawyer?

Santa Ana, located in Orange County, is home to over 300,000 people, with many of them being immigrants or speaking a language other than English in their households. According to U.S. Census data (2019-2023), the average household size is 3.86 people, with 78% of Santa Ana residents over the age of five speaking a language other than English at home.

These family units are commonly extended or multigenerational, in which domestic violence can potentially be underreported. A knowledgeable attorney in Santa Ana understands the unique obstacles that diverse immigrant communities face. Our firm can provide trauma-informed legal counsel in multiple languages to empower you throughout your immigration process.

FAQs About Santa Ana, CA VAWA Laws

Who Qualifies to Self-Petition Under VAWA?

Individuals who may qualify to self-petition under VAWA are those who have experienced extreme cruelty or battery from a family member who is a lawful permanent resident or U.S. citizen. The abuser must be a spouse, parent, or child. To qualify, you must be physically present in the United States and provide evidence demonstrating that the abuse happened.

Can I File a VAWA Petition Without Telling My Abuser?

Yes, you can file a VAWA self-petition without having to tell your abuser. These forms are required to be confidential under the law. USCIS has orders not to notify your abuser about your case and to keep it completely confidential. You can opt to use a safe mailing address, where all updates regarding your case will be sent, so your abuser does not find out.

What If I Entered the U.S. Without an Inspection?

If you entered the United States without an inspection, you may still qualify for a green card. VAWA petitioners may be exempt from the typical adjustment of status requirements for entry without inspection. A skilled attorney can determine whether your case involves any factors of inadmissibility and evaluate your legal options to get around these obstacles.

Do I Need Police Reports or a Restraining Order to File Under VAWA?

No, you do not need police reports or a restraining order to file a VAWA self-petition. Although it is helpful to have reports from law enforcement documenting incidents of abuse or restraining orders in place, many other forms of evidence may be accepted by USCIS. Examples include statements from witnesses, medical records, and affidavits.

Contact a Santa Ana VAWA Immigration Attorney

If you are in an abusive situation and need protection under the law, a dedicated Santa Ana VAWA immigration attorney from U.S. Law Center can help you today. Reach out to our team to learn more about how we can protect you and your family and assist you in pursuing lawful permanent residency.