In 1994, Congress passed the (VAWA) Violence Against Women Act to help battered non-U.S. citizens be granted lawful immigration status in the United States. Basic eligibility requirements for a battered foreign non-citizen include being married to an abuser who is either a citizen of the United States or a lawful permanent resident. This includes children. Hykel Law can help the battered spouse or child apply for immigration status without involving or alerting the abusive spouse or parent.
If you are in a bad situation, please contact Renee Hykel Cuddy for assistance right away. She wants to help you, yet discreet evaluation of your case will be done to get the process started.
Extensive and thorough evidence must be gathered to win the case. This includes any supporting photos, police reports, or further evidence of the abuse, extreme cruelty or battery. Proof of the relationship to the abuser must also be given. Upon initial filing of a well-prepared submission, immigrants may be granted a “prima facie” determination from USCIS, which allows the abused to apply for certain government benefits to help them get back on their feet.
Applying for permanent residence in the U.S. will include a criminal background check, including a medical examination and fingerprinting. If the immigrant has any past history or connection with other crimes, such as visa fraud, drugs, prior removal, prostitution, or other illegal activities, this might exclude the applicant from obtaining legal permanent residency. Sometimes waivers are available in cases of the abuser forcibly manipulating the criminal activity; therefore it is best to schedule a consultation with Ms. Hykel Cuddy to evaluate the likely success of your case.
Battered children or spouses of United States citizens who are currently threatened with removal proceedings may be eligible for safeguarding through VAWA, which is known as a cancellation of removal.