Absolutely not. The statute specifies that you may qualify for protection under VAWA if you have suffered battery or extreme cruelty. It does not specifically define what extreme cruelty includes, but individuals who have suffered threats of violence, forceful detention, psychological and mental manipulation or harm, isolation, rape, sexual abuse or sexual violence, and forced prostitution have been found to be eligible for benefits under the Act.
Every situation is different, but if you believe that you have suffered from battery or extreme cruelty at the hands of a qualifying relative, you should consult with a knowledgeable immigration attorney, who can help you determine if you will qualify for a benefit under the Act. Back to AQs
One of the biggest reasons victims of domestic abuse do not seek help is because they do not think that anyone will believe them, or that they will have enough proof to document the abuse. Although you still have the burden of showing that you were the victim of abuse, there are many ways you may be able to demonstrate the abuse.
Examples include: police reports; court records; pictures; personal statements; affidavits from doctors, school officials, religious worker, social workers, therapists, friends and family (who witnessed or were aware of the abuse, or the pattern of abuse). Many times, individuals in domestic violence situations do not confide in others because of isolation or shame, but there are still other ways to demonstrate the abuse. Therefore, it is critical that you partner with an experienced immigration attorney to help guide you through the process. Back to FAQs
If you are the beneficiary of an I-130 that was filed by your abusive spouse, parent or child, you will be able to transfer the priority date from the previously filed I-130 to your I-360. This may drastically shorten the time you have to wait for a visa to become available. Back to FAQs
If you are considering applying for VAWA in the U.S. contact us today! Orlando immigration attorneys Suzanne Vazquez and Maud Poudat are certified as experts in Immigration and Nationality Law by the FL Bar. Call us at (407) 674-6968 during office hours or fill out the online form provided on this page and we will call you right back. If you have an emergency after office hours please call or text us at (407) 925-2554 and we will contact you shortly.