VAWA Attorney in Charleston, SC

Protecting Immigrants’ Rights in South Carolina

Certain foreign nationals who are victims of domestic abuse and living in the U.S. may obtain a Green Card under the Violence Against Women Act, or VAWA. Victims who were abused by certain U.S. citizens or lawful permanent residents may apply for a Green Card if they qualify, allowing them to escape abuse while remaining lawfully in the U.S.

At Maghzi Law Firm, we are dedicated to safeguarding the rights of those most vulnerable, ensuring that survivors of domestic abuse can access the legal protection they need. Serving Charleston and surrounding areas in South Carolina, our experienced immigration team is here to provide compassionate guidance through every step of the VAWA process. We understand that navigating the complexities of immigration law can be overwhelming; therefore, we are committed to offering tailored advice designed to ease stress and provide clarity.

When you need an experienced, multilingual team of legal professionals, do not hesitate to call the Maghzi Law Firm at (843) 800-2750. We offer services in Spanish, Portuguese, and Farsi.

What Is VAWA?

The Violence Against Women Act (VAWA) is a landmark piece of legislation that protects victims of domestic violence. Despite its name, VAWA is not exclusive to women. In fact, the legislation covers all victims of domestic abuse, including all genders, races, and sexual orientations.

VAWA also protects immigrants living in the U.S. under an abusive U.S. citizen or lawful permanent resident and those whose entry into the U.S. depends on the assistance of an abusive individual.

The Maghzi Law Firm, LLC believes that immigrants seeking citizenship in the U.S. deserve to have quality legal representation every step of the way. Our founding attorney, Ameneh Maghzi, is an immigrant and attorney who understands the difficulties you may face when entering the United States. That is why we offer a wide variety of immigration services to meet the unique needs of our clients.

Who Is Eligible for VAWA?

The Violence Against Women Act was introduced in 1994 and was the first federal bill of its kind to recognize sexual assault and domestic violence as crimes. Combining the power of the federal and state governments, it uses national resources to encourage a grassroots response to domestic violence in communities across the United States.

VAWA is open for reauthorization every five years. This allows lawmakers to build on the existing foundation and include more people who need protection. For example, the reauthorization signed in 2013 expanded protection to include immigrants, giving abuse victims the right to petition for legal status in the U.S.

The Violence Against Women Act applies to the spouses and children of abusive lawful permanent residents or U.S. citizens. To qualify for VAWA, the victim must have proof that they entered the marriage in good faith. Petitioners cannot have a criminal record. Under the law, self-petitioners can leave abusive situations without fear of jeopardizing their status in the U.S.

Understanding the eligibility criteria is crucial for potential applicants considering filing a VAWA petition. It's not merely about meeting basic requirements; the success of a VAWA petition often hinges on the ability to build a compelling case. Our role at Maghzi Law Firm is to assist clients in documenting their relationships and substantiating their claims of abuse, ensuring that all necessary evidence is provided to strengthen their petition.

Eligibility Under the Violence Against Women Act

Self-petitioners must meet certain conditions to be eligible for status under VAWA. Petitioners are exempt from restrictions to adjust their status, which means that victims can seek safety from an abusive situation without worrying that it may jeopardize their immigrant status in the United States.

You are eligible for VAWA if you have experienced abuse from:

• A U.S. citizen spouse
• A U.S. citizen parent
• A U.S. citizen son or daughter
• A lawful permanent resident parent
• A lawful permanent resident spouse or former spouse

Provisions Under VAWA

The Violence Against Women Act (VAWA) includes several key provisions aimed at addressing and preventing domestic violence, sexual assault, stalking, and other forms of gender-based violence. 

Some of the important provisions under VAWA include:

• Protection for Survivors: VAWA enhances legal protections for survivors of domestic violence, dating violence, sexual assault, and stalking by expanding access to protective orders, restraining orders, and other civil remedies.
• Grant Programs: VAWA allocates funding for grant programs that support initiatives such as victim assistance services, transitional housing, legal aid, law enforcement training, and prevention efforts targeting violence against women.
• Immigrant Survivors: The Act includes provisions to protect immigrant survivors of domestic violence and sexual assault, including the U visa and the Violence Against Women Act (VAWA) self-petition, which offer pathways to lawful immigration status independent of abusers.
• Tribal Jurisdiction: VAWA recognizes and strengthens tribal jurisdiction over certain domestic violence cases involving non-Native perpetrators on tribal lands, addressing jurisdictional complexities and improving safety for Native American and Alaska Native communities.
• Criminal Justice Response: VAWA supports the criminal justice system's response to gender-based violence by promoting coordinated community responses, specialized law enforcement units, and improved prosecution of violent crimes.
• Campus Sexual Violence: VAWA includes provisions related to addressing and preventing sexual violence on college campuses, including requirements for educational institutions to enhance prevention efforts, provide support services, and establish reporting mechanisms.
• Housing Protections: The Act enhances housing protections for survivors of domestic violence by prohibiting housing discrimination based on a person's status as a survivor and allowing survivors to terminate leases early without penalty.
• Engagement of Men and Boys: VAWA promotes the engagement of men and boys in preventing violence against women through education, awareness campaigns, and community-based initiatives focused on promoting healthy masculinity and respectful relationships.

The provisions outlined under VAWA are designed to foster a comprehensive support system for survivors. These measures aid in the immediate safety and long-term recovery of those affected by domestic violence, whilst also laying the groundwork for cultural transformation. By actively involving diverse communities in these efforts, VAWA not only provides legal remedies but also encourages societal changes essential for creating safe environments.

These provisions reflect VAWA's comprehensive approach to combating gender-based violence, supporting survivors, and fostering collaborative efforts across multiple sectors to create safer communities. 

Navigating the Legal Landscape in Charleston, SC

Charleston, SC, known for its rich history and Southern charm, also provides a unique legal landscape for victims of domestic violence seeking protection under VAWA. The local court systems, including the Charleston Family Court, play a crucial role in addressing cases related to domestic abuse, providing temporary protective orders, and facilitating legal intervention when needed. Being familiar with local court procedures and expectations can significantly streamline VAWA petitions.

At Maghzi Law Firm, we leverage our understanding of Charleston’s legal environment to better serve our clients. We ensure that all documentation and court filings are handled with precision and that our clients are fully prepared for each legal proceeding. Our familiarity with local agencies and courts enables us to provide seamless navigation through the legal system, offering our clients peace of mind and confidence throughout their cases. Turn to a trusted VAWA immigration attorney in Charleston as soon as possible.

VAWA Vs. Adjustment of Status

A VAWA petition and status adjustment are different. To receive a Green Card as a self-petitioner, the USCIS needs to have already approved your petition or have one pending.

Basic requirements for adjustment of status include the following:

• You have correctly filed Form I-485, Application to Register Permanent Residence or Adjust Status.
• You are physically present in the U.S. at the time of filing.
• You are eligible to receive an immigrant visa.
• None of the restrictions to status modification apply to you.
• You are admissible.

Petitioning under VAWA and filing a request to adjust your status is complicated. There are many levels of approval to move through and, depending on the severity of your situation, you may need safety sooner rather than later.

That is why you must consult a qualified VAWA immigration attorney to help you navigate the immigration process and your VAWA petition.

While VAWA provides a pathway for self-petitioners, understanding each step of the adjustment of status is vital to avoid delays and complications. We at Maghzi Law Firm work closely with our clients, ensuring they are informed at every stage. We assist with gathering essential documents, liaising with immigration authorities, and preparing for interviews, providing comprehensive assistance to facilitate a seamless process.

Guidance Throughout Your Case

The immigration process is incredibly complicated, and those who desperately need safety from abuse must take extra steps to move forward. Maghzi Law Firm, LLC has helped clients in Charleston adjust their status, seek asylum, and apply for visas. Founding Attorney Maghzi is an immigrant who is passionate about helping others pursue their American dream by providing guidance backed by her international law and immigration experience.

At Maghzi Law Firm, our commitment to client service extends beyond legal representation. We prioritize open communication, ensuring that our clients understand their options and the progress of their cases. Whether you're just starting the VAWA process or are mid-journey, our dedicated team is ready to provide the support and understanding you need. Trust us to stand by your side as we navigate the complexities of immigration law together. Get in touch with a professional VAWA immigration lawyer right away.

• Related Reading: What Is the Difference Between Adjustment of Status and Consular Processing for Family Members?

Contact our Charleston VAWA attorney for compassionate legal counsel and ultimate peace of mind. Call (843) 800-2750 today. We speak English, Spanish, Portuguese, and Farsi.

Frequently Asked Questions

What Are the Timeframes for VAWA Petitions?

The timeframes for VAWA petitions can vary depending on individual circumstances and USCIS processing times. Generally, after submitting the initial application, it may take several months for the USCIS to issue a prima facie determination. This initial approval provides temporary relief and allows the applicant to apply for work authorization. Obtaining a Green Card through VAWA can take between one to two years, though this can vary. Having a qualified VAWA immigration attorney to help you through the process can ensure that your paperwork is filed promptly and accurately, potentially reducing delays.

How Does VAWA Impact My Immigration Status?

VAWA provides eligible individuals the opportunity to self-petition for legal status in the U.S. without relying on their abuser. This is significant because it allows survivors to escape abusive situations without fear of losing their immigrant status. Once approved, a VAWA self-petitioner can apply for a Green Card, leading to legal permanent residency. This legal pathway supports the long-term safety and stability of survivors, opening possibilities for employment, education, and overall quality of life.

Can Men Apply for VAWA Protections?

Absolutely. Despite its name, the Violence Against Women Act is inclusive of all genders and provides protections for men who are victims of domestic violence. Male victims can access the same legal relief and resources as women, including the ability to self-petition for legal status. This inclusivity ensures that every survivor, regardless of gender, has the opportunity to seek justice and protection from abusive circumstances. Reach out to a skilled VAWA immigration lawyer today.

Our knowledgeable VAWA immigration lawyer in Charleston is prepared to guide you through your case. Call (843) 800-2750 to book your initial consultation without delay.