Winning a VAWA case involves careful preparation and clear documentation. VAWA provides protection for survivors of domestic violence, allowing them to apply for legal status without relying on their abuser. Most VAWA cases handled by our firm involve spousal abuse.  To be eligible to file a successful VAWA based on an abusive marriage, you must prove:

 

1. You are married to or recently divorced from a US citizen or green card holder
2. Your marriage is not just for immigration purposes
3. You have lived with your abusive spouse or are currently living with them
4. There was abuse in the marriage

 

Abuse in a spousal VAWA case can include various forms such as emotional abuse, psychological abuse, financial abuse, verbal abuse, physical abuse, and sexual abuse.  USCIS considers all types of abuse in determining eligibility for VAWA and most of our clients win VAWA without the presence of physical or sexual abuse.

 

 

With regard to evidence, most of our clients are not able to provide police reports or third-party evidence of the abuse.  Our clients have been successful in their VAWA cases by relying on a detailed declaration regarding the various forms of abuse in the marriage.  Our legal team assists clients by conducting a lengthy declaration intake and drafting an organized statement, reviewed and approved by the client, before inclusion in their VAWA application packet.

 

By understanding the process, gathering strong evidence, and working with an experienced attorney, you can improve your chances of a successful VAWA case. If you have questions or need assistance with a VAWA petition, please contact our office at 703-348-1663.