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.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges
The plea deal process is a key part of the criminal justice system in Denver, CO. Rather than proceeding to trial, a defendant may be offered a plea agreement by the prosecution to plead guilty to a lesser charge or to obtain a reduced sentence. While plea deals can provide certainty and potentially minimize penalties, they also carry significant long-term consequences, including criminal records, probation requirements, fines, and other collateral
