Friday, January 8, 2016

What types of abuse qualifies an immigrant for VAWA Protection?

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.

If you have seen the show Dexter, season 7, or 24, Day 5, you will know that some woman are not treated that well by American(s). America may be the home of the brave and the land of the free (well, not so much right now) but it can also be a nightmare for some people. There is not widespread atrocities in America (well that depends on who you ask) but there some households that do not have too much love in the air. If you need a Texas immigration lawyer, you need to go right here: http://immigration.usattorneys.com/texas/. Most Americans are honorable. This abuse does not have to be the norm or tolerated by you. 
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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