Divorce And Your VAWA Application In Chula Vista
Living with an abusive spouse is a heavy burden. Many individuals fear they must remain in a marriage to maintain their legal status. This is not the case. Federal law, through the Violence Against Women Act (VAWA), offers a path to safety and a green card even if a person leaves the relationship.
At the Law Office of Matthew H. Springmeyer, attorney Matthew H. Springmeyer understands the fear these individuals feel. He provides the strong advocacy necessary to move forward. He treats every person with the respect and dignity they deserve.
Filing For VAWA After A Divorce In California
An applicant does not have to be married to an abuser at the time they file Form I-360. While many believe they lose their rights once a judge signs the divorce papers, survivors may still apply for VAWA if they meet specific federal criteria.
The petitioner must file the petition within two years of the date the divorce became final. Additionally, the applicant must demonstrate a connection between the divorce and the battery or extreme cruelty they suffered during the marriage. While court papers do not necessarily have to list the abuse as the grounds for divorce, the petitioner must prove this connection to immigration authorities.
There are other ways to qualify after a marriage ends:
- Death of spouse: Applications may remain valid if the abusive spouse died within the two years prior to filing.
- Loss of status: A person may qualify if the abuser lost or renounced their U.S. citizenship or permanent resident status within the last two years due to an incident of domestic violence.
Mr. Springmeyer assists clients in gathering the evidence needed. Everyone has a right to live without fear, regardless of their current marital status.
Why Choose The Law Office of Matthew H. Springmeyer For Representation?
Attorney Matthew H. Springmeyer has practiced law for over 14 years. The National Trial Lawyers selected him for inclusion in the Top 40 Under 40 list. He also holds an Avvo “Superb” rating of 10/10, reflecting his work for clients in difficult immigration cases*.
He brings a unique perspective to every case. During law school, he gained experience as an intern assisting with federal investigations. This gave him an understanding of how the government constructs files.
Mr. Springmeyer believes in direct communication. Clients work directly with their attorney throughout the entire legal process. He fights for client rights while remaining accessible to answer every question.
Common Questions About VAWA And Divorce
The following answers address common concerns regarding your rights under federal law.
What is VAWA?
The Violence Against Women Act is a federal law that allows certain victims of abuse to file for a green card without the knowledge or assistance of their abuser.
How does VAWA apply to immigrants?
It allows spouses, children, or parents of U.S. citizens or Lawful Permanent Residents (green card holders) to seek legal status independently. This prevents an abuser from using immigration status as a tool of power and control.
Does it still apply to individuals who are divorced?
Yes, provided the applicant files the petition within two years of the divorce and shows a connection between the abuse and the end of the marriage. Applicants may also file in specific cases where the abuser has died or lost legal status recently.
How can an immigration attorney help?
A lawyer helps identify qualifying evidence, files paperwork accurately, and serves as your advocate when communicating with government agencies like USCIS.
While these answers provide a helpful overview, every case has unique circumstances that require a legal strategy to protect your safety and status.
Reach Out For Help Today
No one has to face the immigration system alone. Matthew H. Springmeyer provides honest evaluations.
Contact the Law Office of Matthew H. Springmeyer today. Call 619-780-2716 or send a message online. Habla español.
*The Avvo rating is an 18-point evaluation based on public records and information provided by the attorney. This rating, and any past results mentioned, do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal case.