Will getting divorced affect my VAWA case? is a question we are often asked. The Violence Against Women Act (VAWA) petition can be denied in situations where a person fails to meet basic legal requirements or does not provide enough information and supporting evidence to U.S. Citizenship and Immigration Services. An invalid divorce can cause your VAWA case to be denied as a result.
If you are facing an invalid divorce VAWA case, contact the Odunlami Law Firm for help. We support families facing critical legal challenges when stakes are high.
Immigration and Family Law Attorney Ifeoma Odunlami states,
“Helping my clients live the life they’ve always dreamed of is the most rewarding feeling ever. Whether it’s securing green cards or reuniting families, each victory reaffirms the reason that we practice immigration law.”
What VAWA Allows
VAWA is a powerful tool that allows certain abused spouses of U.S. citizens or lawful permanent residents to pursue immigration relief without having to rely on the abusive spouse to do so. To apply, you must provide accurate information. However, if there is any missing information or a missing step in the process, you could have your VAWA case denied.
As explained in our video, VAWA marriage requirements can be critical. For example, a client provided photographs to us that clearly demonstrated a history of abuse. However, the case was denied. After reviewing the details, we found the denial occurred because a document from years earlier affected the legal validity of the marriage.
Evidence of abuse is one part of the VAWA case. You must also establish the required qualifying relationship and satisfy other legal requirements.
Watch: One Document Ruined His VAWA Case and It Might Do the Same To You
A Valid Marriage for VAWA
One often-missed component is evidence of a valid marriage. Improperly completed or legally invalid divorces, such as from a previous spouse, may affect a later marriage. This applies, for example, when a previous divorce was not properly finalized and remains legally valid. You were not divorced at the time of your current marriage. Immigration may not consider the current marriage valid.
Foreign divorces often face additional scrutiny to ensure their validity. Providing immigration with a document that looks like a valid certificate is not enough. A divorce document may look official but still fail to meet the legal requirements of the country or jurisdiction that issued it. In short, if you did not meet all of the requirements to have a divorce in the foreign country where the marriage was established, your new marriage may not be recognized.
The USCIS reviews a variety of details when considering VAWA, including:
- Divorce decrees
- Marriage certificates
- Court records
- Prior immigration filings
- The timeline of every marriage
A valid marriage for VAWA is required, as is a divorce from any previous marriage you had. An invalid divorce decree, even from a foreign country, can prevent you from receiving the VAWA approval.
How to Protect Your Rights
It is not uncommon for a person to pay an attorney a fee and assume that the process is complete and that it aligns with all obligations and objectives. Yet, that does not always happen. Even if you receive a document or you are told you are divorced, that does not automatically prove that the divorce was legally completed. And the burden of proof is on your shoulders.
Instead, you must ensure you complete all required steps. To do that, you should have all previous marriage and divorce documents reviewed by a professional with specific experience in this complex area of the law. Not just any immigration attorney is enough. Do this before you file the VAWA petition. Do this before any green card application or other marriage-based immigration case moves forward.
If you do not, and you have a previous divorce, and immigration raises concerns about any of your documents or the process, you could miss out on your opportunities. This is often unfair, but it results from a lack of knowledge of your rights and the requirements under the law.
Make sure any inconsistencies between old immigration forms and new VAWA petitions are resolved. Any of these create credibility concerns, and the USCIS will deny your application or request more evidence. Do not let an invalid divorce decree get in the way of what you deserve in your future.
A Denial Is Not Always the End
In situations where you have a denial, there may still be help for your case. Our attorney can help you navigate the options available to you. This depends on the facts and deadlines related to your case. In some cases, you may have the opportunity to respond to a notice or file a motion. In other cases, you can appeal or pursue another form of immigration relief. We will help you determine the best strategy for your situation.
In these situations, you are not being blamed for the abuse. However, USCIS will require evidence that every part of the case complies with immigration law, especially for foreign divorce and VAWA applications.
Contact Our Team for Help with Your VAWA Marriage Requirements
Speak to an experienced VAWA immigration lawyer before you file or respond to USCIS. At Odunlami Law Firm, we support victims facing these critical situations. We help immigrants nationwide; if you need an immigration lawyer in New Jersey or Houston, contact us or call (973) 993-1900 today.
FAQs About VAWA and Divorce
What happens if a VAWA petition gets denied?
Denials are not uncommon, but you must respond with additional information and evidence. Our team will provide hands-on support to analyze what information is needed and what your next steps are in this process.
How does USCIS investigate VAWA?
Remember that USCIS thoroughly investigates VAWA petitions. This includes an initial review that will look at the relationship you had with the abuser, the nature and extent of the abuse, and the moral character of the petitioner. However, they also gain additional evidence, including divorce records.
What are common reasons for VAWA denial?
Denial can happen for multiple reasons. Some of the most common include an invalid or fraudulent relationship, such as a divorce in a foreign country that is not recognized. It may also include a lack of proof of cohabitation, insufficient evidence of abuse, or failure to meet good moral character.
