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Gainesville Florida

Immigration Lawyer in Gainesville, Florida

5 Common Myths about the Violence Against Women Act (VAWA) self-petitions

  • The abuse must be physical. One requirement to qualify under VAWA is that the petitioner has been subjected to battery or extreme cruelty. Domestic violence may be physical, but verbal abuse or emotional abuse are also forms of domestic violence and depending on the specific circumstances, may amount to extreme cruelty.
  • Only women qualify for VAWA. Men are also victims of domestic violence and if they meet the requirements for VAWA, they may qualify for a self-petition. 
  • There must be a police report. Although police reports will often demonstrate more than one of the requirements for VAWA such as residence with the abuser and battery or extreme cruelty, a police report is not a requirement to apply for a VAWA self-petition.
  • Immigration will contact your abuser. VAWA contains serval confidentiality provisions making it unlawful for the government to contact your abuser or inform them you have filed a self-petition.
  • You must be married to your abuser. You may still qualify for VAWA if your petition is filed within 2 years of your divorce from your abuser. Additionally, you may qualify for VAWA if you believed you were married to your abuser, but your marriage was invalid or unlawful.

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    I highly recommend Karen Winston's office because thanks to their excellent work, my husband and I are finally at peace after a long immigration process. We have been with this office since 2020, and although my case was not easy, Karen and our assigned paralegal Florencia were always there to help us and answer all our questions. Thanks to their effort and professionalism, I was able to obtain my green card after a long wait, but Karen was always there to provide us with the best solution. She fought for our case, and thanks to her, I feel relieved to have successfully completed my immigration process and to know that I can be here with my husband and start building a family without worrying about the uncertainty of my pending process. We are extremely satisfied and grateful. I also recommend Florencia because her attention was incredible; we felt like she was a friend throughout this process. She was always there with us, letting us know every step of our process, providing us with the tools, and gathering all our information to strengthen our case. Thank you, Karen, thank you, Florencia, and thank you to the entire team for making us feel like family. We felt supported at all times, and we are very happy to have gone through this with you.

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