VAWA Petition Attorney in San Jose and San Francisco

Immigration Relief for Battered Family Members

In general, a foreign spouse married to a U.S. citizen or legal permanent resident must file an application for adjustment of status in order to obtain permanent residency, typically on the basis of an I-130 immigrant visa petition filed by the citizen or resident spouse. Failure to apply for permanent residency may subject the foreign spouse to deportation. Shamefully, some U.S. citizen and permanent resident spouses use the power to file or not file the I-130 petition over the foreign spouse while mistreating them. In response to this abuse, Congress passed the Violence Against Women Act (VAWA) to help a foreign spouse file independently in order to remain in the U.S. without having to stay with the Abuser Spouse.

If you are in this situation, it is important that you immediately find safety, even if it means calling 911, and then contact a San Jose immigration defense attorney to assist you with your petition.

San Francisco and San Jose VAWA Petition Lawyers

This petition benefits you as the battered spouse and any children or stepchildren who have been battered or have witness spousal abuse or parents battered by an adult child. To file under VAWA, your batterer must be a U.S. citizen or legal permanent resident. If you batterer is not a legal permanent resident, you may possibly seek relief through another action called a U visa.

Your petition will be made to USCIS without the participation of your abuser. The USCIS is prohibited from notifying your abuser of the action. Upon approval you will be granted permanent residency.

VAWA Cancellation of Removal

If you have already been given notice to appear at a removal hearing, it may be too late to file a petition if the Abuser Spouse is not a U.S. citizen and your immigrant visa preference category is not immediately available. However, you may request VAWA cancellation of removal at the removal hearing on the grounds that you have been abused and may obtain permanent residency through this means.

I-751 Battered Spouse or Child Waiver

A third method of requesting permanent residency under VAWA is the battered spouse or child waiver. A victim of domestic violence may request this waiver. Through this means you may obtain permanent resident status before your two year conditional status expires.

San Francisco and San Jose VAWA Petition Lawyer

Daniel Shanfield, Esq. Immigration Defense has helped many clients to obtain permanent residency through the VAWA. He has been recognized as a Northern California Immigration "Super Lawyer" by San Francisco Magazine, and holds a 10/10 AVVO rating, ranking him as "Superb" in experience, industry recognition, professional conduct. Our firm is passionate about obtaining VAWA relief for clients.

Contact a VAWA petition attorney in San Jose and San Jose at our firm for a consultation.

Law Offices of Daniel Shanfield | Immigration Defense, PC

Dedicated to Helping People Win the Toughest Immigration Cases in San Jose & San Francisco

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