VAWA, or the Violence Against Women Act, is a federal law enacted during the Clinton administration. This law provides a means for battered spouses to obtain a green card without the assistance of the U.S. citizen, or legal permanent resident, who is abusing them. Either a man or woman can submit a petition under VAWA.
If one is applying as a battered spouse under VAWA, they must have been married to the U.S. citizen or legal permanent resident and have lived together at some point, or if they are divorced, they must be able to show that the abuse they suffered is related to the divorce. One must also show that the marriage was entered into in good faith.
A person merely living with their abusive partner would not be eligible for VAWA immigration relief. Similarly, an abusive partner who is neither a citizen nor a legal permanent resident will not provide one with VAWA immigration relief.
Additionally, domestic violence may also give an individual a path to permanent status via a U-Visa. Where an individual may not qualify to self-petition under VAWA, they may seek a U-Visa. An abusive relationship with a citizen or legal permanent resident is unnecessary in seeking a U-Visa. The individual needs to have helpful information for law enforcement, and show serious mental or physical injury due to abuse. A U-Visa allows a three year stay in the country, with the ability to apply for a green card in the future.
Because of VAWA and U-Visa, non-citizens may have significant motivation to fabricate allegations of domestic violence, because of how such allegations would facilitate and expedite a path to long-term legal status in this country. In some domestic violence cases, a defense put forth by your criminal defense lawyer may focus on an accuser’s knowledge of these laws and utilization of this knowledge in fabricating charges for their own benefit.
Attorney Diego has successfully asserted such a defense in prior cases. If you believe such a defense may be implicated in your case, contact Denver Domestic Violence Attorney Kimberly Diego today for a free consultation at (720) 257-5346.
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
Being falsely accused of domestic violence is a uniquely devastating and frightening experience. In Colorado, law enforcement officers responding to domestic disturbance calls are encouraged, and in many cases required, to make an arrest when probable cause exists. This means individuals can face criminal charges based largely on one party’s statement at the scene.
At the Law Office of Kimberly Diego, our Denver criminal defense attorney understands the legal challenges
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense
