There are certain traumatic experiences
that the non-resident wife
of a green card holder and/or their children may go through which
essentially enables them to acquire a green card thanks to the Violence against
Women Act (VAWA). Let’s take a look at what sort of abuse qualifies an
immigrant for VAWA and what is not considered abuse.
The VAWA was signed into existence by
Congress almost twenty two years ago in 1994. This was before America was
piling on astronomical debt and when New Gingrich forced Bill Clinton to
balance a budget which led to a strong economy until Y2K and the tech bubble. But
those was only short term problems because of decent leadership America had in
George W. Bush. Moreover, it is basically meant to protect women and children
who have been victims of abuse at the hands of a US citizen.
The immigrant going through the abuse
can exercise their right under VAWA to basically put a stop to the abuse and
make an application for a self-petitioned immigration status upgrade. Unlike
some countries such as those in the Middle East, America respects woman.
Texas immigration lawyers, however, have
explained that in order to do this successfully, the immigrant/abuse victim
will have to bear the burden of proof. In other words, she will have to
establish and prove that the abuse did indeed occur.
Why
You need to Contact an Immigration Lawyer
To be able to prove abuse, one must
obviously first be aware of what exactly qualifies as abuse in a strictly legal
sense. If you happen to be in a similar situation and do not know how to
proceed, we would highly recommend that you consult with a Texas immigration
attorney as soon as possible and give him/her all the details of your case so
that they may determine the best way to move forward.
It ought to be emphasized that abuse
does not always have to mean that there was physical violence involved. So even
if you have been mistreated, discriminated against, or have had to tolerate any
untoward behavior from a US citizen or a lawful permanent resident of the US
then you should not shy away from approaching a legal professional.
Even in the unlikely situation that
whatever happened to you does not qualify as abuse and you cannot claim protection
under VAWA, your legal representative will still be able to help you out in
terms of what legal options you have to break free from the abuse and maybe
even be compensated financially for what you have gone through. Nothing is for
sure though. Do not spend any money until it is in your possession.
What
Exactly Qualifies as Abuse
in the Eyes of the Law
Abuse is a loose term, but as far as the
law books are concerned it basically refers to being battered by or being
subjected to extreme cruelty. The law books further elaborate on what “being
battered by” and “extreme cruelty” is. This may include but is not limited to
being the victim of an act of physical violence, a threat, sexual assault,
psychological exploitation, forced sex solicitation, etc.
However, Texas immigration lawyers are
of the opinion that in order to be able to claim VAWA rights, not only does the
plaintiff have to prove that they have been subjected to such treatment but it
must have been perpetrated by an American citizen or a lawful permanent resident of
the US.
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