Do I need to hire an attorney to apply for VAWA?
No! You can apply without an attorney. However, many applicants run into issues by making simple mistakes, or not understanding how a wide range of topics may impact an application. As a result having an attorney support your journey can be invaluable giving you security everything is being done correctly.
What makes Julianne M. Kinsey uniquely qualified to help me with my VAWA case?
Julianne has been on the receiving end of Domestic Violence. Including physical, sexual, financial/economic, verbal/emotional, mental/psychological, and cultural. This was over the course of different relationships, as I was stuck in a pattern from my upbringing where I thought abuse was normal. I remember in some of the worst of it thinking to myself I could not live without “him”, when in reality I could very easily. “He” just had done such a good job of messing up the way I processed information or existed in my own reality I believed him. I may not know your specific situation, I know what it is like, and I come to each case not only with an informed legal perspective but also one of compassion and true understanding.
What are the types of abuse, or extreme cruelty, that may qualify for VAWA?
A commonly held definition of abuse is “a pattern of behavior used by one person to gain and maintain power and control over another.” This can come in many forms, and there is no one size fits all especially when it comes to what may qualify as abuse and/or extreme cruelty when it comes to VAWA.
However, there are general categories of abuse that include physical, sexual, financial/economic, verbal/emotional, mental/psychological, and cultural/identity, within them the are many ways to see this abuse/extreme cruelty. We often rely on the following power and control wheel in initial interviews with VAWA clients to help identify what they have been experiencing, which I am including below. If you have, or experiencing any of these there is a chance you could qualify.
What if I am already divorced/widowed, can I still qualify for VAWA?
Possibly, it will depend when your marriage ended, and how. Generally you can file within 2 years of your marriage ending.
Do I have to be a woman to apply under VAWA?
No! VAWA applies to anyone who meets the requirements regardless of their gender provided all requirements are met to establish a VAWA case.
What if I am LGBTQ+, can I still apply und er VAWA?
Yes! VAWA is available to all LGBTQ+ provided all requirements are met to establish a VAWA case.
What if I married my spouse but found out after he was already married and our marriage is invalid because it is polygamy, can I still apply?
Yes, normally you would need to have a legally valid marriage with your US Citizen or Lawful Permanent Resident Spouse Abuser, however there is an intended spouse exception. The exception can apply in cases where you can prove that you believed a legal marriage was created, at the time you believed your spouse was single and free to enter a marriage, a marriage ceremony was performed, requirements of bona fide marriage are otherwise met, and the only reason the marriage is not valid is because of the existence of a bigamous or polygamous marriage(s). A reasonable person standard will be applied.
What are the relationships that qualify for VAWA?
You need to have a qualifying relationship to apply for VAWA, this means the abusive family member must be one of the following:
- U.S. Citizen Spouse OR Former Spouse (time limits apply)
- U.S. Citizen Parent
- U.S. Citizen Son or Daughter
- Lawful Permanent Resident Spouse OR Former Spouse (time limits apply)
- Lawful Permanent Resident Parent
What does it mean to be a qualifying relationship as a Spouse, Parent, or Child?
- Spouse: if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.
- Parent: if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
What if my abusive spouse/parent/child already filed an I-130 for me?
Yes, you can still apply! And if you are the beneficiary of an I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date from the I-130 to your VAWA filing. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a Green Card.
Does my abusive qualifying family member need to apply with me?
No, VAWA is a self-petition and you do not need the cooperation of the abusive qualifying family member to participate at all.
Will USCIS only consider the information I provide them in filing my Petition?
No! USCIS can and will review all information they can discover including results of full background checks, reviewing social media, and other avenues to verify information is correct.
Is it very expensive to hire an attorney to represent me in my VAWA Petition?
Attorneys charge a wide range of fees for various levels of service. Julianne’s fee is in a range from $1,850.00 to $2,550.00* for full representation depending on your individual circumstances, this does not include presence at Interviews. The VAWA process generally has two steps, in some cases they can be filed at the same time, but in others you cannot. Based on this Julianne offers options for the different steps, and it is possible to hire Julianne per each Step one at a time. *Additional costs for dependent children.
If I hire an immigration attorney for my VAWA Petition does the attorney need to live in my state?
No! When it comes to immigration your attorney can be licensed by any U.S. State living anywhere, just be sure they are licensed and in good standing in the state of licensure.
How much is a VAWA Consultation with New York Licensed Immigration Attorney Julianne M. Kinsey?
A full telephone consultation is typically $150.00, if you hire Julianne for full representation this will be applied to reducing the total fee due for representation. You can also use the consultation if you have questions about your eligibility, potential issues, or anything related to your fiancé K1 Application.
How do I schedule a consultation?
Please fill out and submit this contact form, and you will be redirected to a page with a link for scheduling and directions for payment.
