Many immigrants who have experienced abuse by their citizen or permanent resident spouses wonder if they can apply for residency through VAWA (Violence Against Women Act) even though they have multiple entries and exits from the United States. Joined. The answer is not so simple, as the same immigration restrictions that apply to other residency applications also apply in VAWA cases, with some limited exceptions.
What is permanent punishment?
Permanent punishment is a penalty imposed on those who have accumulated multiple illegal entries into the US or who have remained in the country undocumented for long periods of time. This punishment prohibits the possibility of adjusting immigration status, including permanent residence, for at least 10 years, and in some cases, indefinitely.
How does permanent punishment affect applications under VAWA?
If you have accumulated multiple illegal entries, the permanent punishment may also apply to your VAWA application. That is, if you are eligible for the VAWA visa, you could get deferred action and a work permit, but the permanent punishment could prevent you from obtaining permanent residency unless you can prove that those illegal entries and exits are directly connected to the abuse you suffered.
Demonstrating this connection between abuse and illegal entries or exits is very complicated. If you fail to establish that relationship, permanent punishment will continue to be an impediment.
Beware of application fraud
It is essential to be honest in your VAWA application, declaring all your entries and exits from the country, even if they do not appear in official records. Many immigrants make the mistake of omitting this information, believing that it will not be detected, but if it is discovered that you have not declared all your entries and exits, this can be considered fraud and have serious consequences for your case.
There are unethical attorneys who promise quick work permits, without clearly explaining that they are filing a VAWA application or that permanent punishment could affect your ability to obtain residency. Be very careful not to fall into these practices.
How to prepare for the possible return of former President Trump?
With former President Donald Trump's campaign advancing and the possibility of him returning to power, many undocumented people in the United States are worried about what it could mean for their lives and immigration status. It is natural for fears to arise, but it is important to know that not all undocumented people are easily deportable. Here we explain how you can prepare and protect yourself in case you face immigration problems in the future.
Who is most susceptible to deportation?
Not all undocumented people in the US are at immediate risk of deportation. In fact, if you have lived in the country for more than 10 years and have close family members who are permanent residents or U.S. citizens (such as children or a spouse), you may qualify for a legal option known as cancellation of removal. This measure could prevent you from being easily deported, as it would allow you to present your case before an immigration judge and apply for residency.
What is cancellation of deportation?
Cancellation of removal is a defense available to some undocumented people facing deportation proceedings. To qualify, you generally must meet the following requirements:
- Have lived in the US for at least 10 consecutive years.
- Have a spouse, children or parents who are permanent residents or US citizens.
- Demonstrate that your deportation would cause "extreme suffering" to these family members.
If you meet these criteria, you could request cancellation of deportation and avoid being removed from the country. It is crucial that you speak with an immigration attorney specializing in deportation to explore this and other possible solutions.
What should you do if you are worried about possible arrest?
If you feel anxious or worried about Trump's return and what that could mean for your immigration status, it is important to consult with an immigration attorney as soon as possible. An attorney can review your history and help you plan the next steps in the event of an arrest.
Key aspects to discuss with your lawyer:
-Immigration history: Provide all relevant details of your entries and exits from the country, and any contact you have had with the immigration system.
-Relatives in the US: If you have children, spouse, or parents who are citizens or residents, this could be a key factor for your defense.
- Legal options: Your lawyer will explain the different avenues available to avoid deportation or adjust your immigration status.
Also, make sure your attorney explains your rights in the event of an arrest, so you don't inadvertently give up your right to apply for residency in front of an immigration judge.
Conclusion
In the face of political uncertainty, the best way to prepare is to be informed and have a legal plan. If you are concerned about the return of former President Trump and what that could mean for you or your family, consult a deportation attorney. You may have more options than you imagine to protect your stay in the United States.