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Can I Qualify for VAWA if I Have a Restraining Order Against My Spouse?
If you have a restraining order against your spouse and are considering applying for VAWA (Violence Against Women Act), you may be wondering how it impacts your case. You can still qualify for VAWA even if you have a restraining order against your spouse. In fact, a restraining order can help support your VAWA petition by showing that you’ve taken legal steps to protect yourself from abuse. However, having a restraining order is not required to qualify for VAWA, and the key factor is proving that you’ve experienced abuse, not whether you have the order.
VAWA is designed to help people who have been abused by a U.S. citizen or permanent resident spouse, parent, or child, giving them a chance to apply for a Green Card on their own. A restraining order is one way to show that abuse happened, but it’s helpful to also include other evidence, like police reports, medical records, or even statements from people who know your situation.
The key thing to remember is that you don’t have to have a restraining order to apply for VAWA. USCIS understands that not everyone is able to get one, and that doesn’t mean your experience isn’t valid. What matters is telling your story and showing the impact the abuse has had on your life.
If you’re thinking about applying for VAWA and aren’t sure how to start or what evidence you need, we’re here to help. At Agarwal Law Group, we understand how difficult this process can be, and we’ll work with you to build the strongest case possible. Please call our office to schedule a consultation.