Boston Violence Against Women Act Attorneys
Helping Clients Who Are In Abusive Relationships
For many immigrants in the United States, being in an abusive and violent relationship with a U.S. citizen or permanent resident is a reality. Fortunately, our country has laws in place that protect immigrants who are victims of domestic violence.
At Toland Law, LLC, we have a reputation for strongly advocating for the rights of victims and have helped many of our clients successfully navigate the complicated legal system. Because we offer years of experience, we have been asked many questions.
Common VAWA Questions
Here are some of the most common questions we have received:
- What is the Violence Against Women Act?
- What needs to be proven to win a VAWA case?
- What kind of evidence can be used to prove the abuse or battery occurred?
Get the protection you need today and schedule a consultation.
What Is The Violence Against Women Act?
In 1994, the Violence Against Women Act (VAWA) was signed by former President Bill Clinton to protect immigrants who are victims of domestic violence and in abusive relationships. In some circumstances, immigrants who are being abused will feel obligated to stay with their abuser because they feel it is their only chance of getting a green card.
Sometimes, the abusers are aware of this and will use the power of the green card to manipulate and continue abusing their victim. The VAWA allows victims of abuse to self-petition, without the help of the abuser.
What Needs To Be Proven To Win A VAWA Case?
If you’re filing a VAWA petition to escape an abusive relationship, you must provide specific evidence to support your case. These requirements are designed to confirm the proof of your marriage, the abuse you suffered, and your eligibility for protection under the Violence Against Women Act. At Toland Law, LLC, we guide you through this process and help you build a strong case for relief.
Key Elements to Prove in a VAWA Petition
To successfully win a VAWA petition, you must demonstrate the following:
- Your Abuser’s Immigration Status: Show that the abuser is either a U.S. citizen or a green card holder. Proof can include birth certificates, naturalization documents, or copies of their green card.
- A Legal Marriage to the Abuser: You need evidence that the marriage was valid under U.S. law. Documents such as marriage certificates or proof of prior divorces (if applicable) can establish this.
- Cohabitation with the Abuser: Provide proof that you lived with your abusive spouse, such as shared lease agreements, utility bills, or joint bank account statements.
- Abuse or Extreme Cruelty: Show that you endured physical, emotional, or psychological abuse during the marriage. Medical reports, police records, affidavits, or photos can support this claim.
- Good Faith Marriage: Demonstrate that your marriage was genuine and not entered into solely for immigration benefits. Include photos, joint financial records, or testimony from friends and family.
- Good Moral Character: Prove you are of good moral character through clean criminal records, employment history, and community involvement.
Let Toland Law, LLC Help You
Proving these elements can be emotionally challenging, but you don’t have to face this alone. Toland Law, LLC works closely with self-petitioners to gather evidence, document your experiences, and represent your interests. If you’re ready to file your VAWA petition or need help navigating this sensitive process, contact our Boston Violence Against Women Act lawyer today for dedicated legal assistance.
What Kind Of Evidence Can Be Used To Prove The Abuse Or Battery Occurred?
When you are filing a VAWA petition, you have to prove that you were subjected to extreme cruelty or were battered by your spouse. It should be noted that the USCIS does take all forms of abuse into consideration, which includes emotional, physical, and mental abuse.
Many people believe that to win a VAWA case, you must have a police report, but that is not the case at all. All that is needed is any credible evidence that proves the abuse occurred.
Supplemental evidence that can help your case include:
- Medical and hospital records
- Restraining orders
- Therapist or counselor reports
- Domestic violence shelter paperwork
Another important thing to include is a personal statement that thoroughly describes the abuse, the relationship with the abuser, and your immigration history. A skilled VAWA lawyer will provide more feedback and guidance as to what else would be beneficial to your case.
Contact A Top Violence Against Women Law Firm In Boston, MA
If you are an immigrant who is in an abusive relationship, you have options and do not have to stay in that relationship whatsoever. At Toland Law, LLC, our immigration lawyers will fight to protect your rights and help you move on from this terrible chapter in your life.
We know these are trying times but know that it is only temporary, and help is available.
Call us today at (781) 819-3647 or fill out the contact form on our website to schedule a consultation.