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.
Domestic violence charges in Colorado carry significant legal and social consequences. A conviction can result in jail time, fines, mandatory counseling, and a permanent criminal record, not to mention the potential damage to personal and professional relationships.
Perhaps the worst consequence for a parent is the possibility of being kept apart from your children – not for a conviction, just for being charged.
In Denver, as in many other jurisdictions, the intersection of substance abuse and domestic violence presents complex legal challenges. In this blog post, we will explore the relationship between substance abuse and domestic violence, how allegations of substance abuse can impact legal proceedings in Denver, and available resources for individuals seeking help. We will also discuss the importance of building a strong defense with an experienced criminal defense lawyer to
Trespassing is a common offense that occurs when an individual unlawfully enters or remains on another person’s property without permission. In Denver, trespassing can occur on both public and private property, but there are distinct differences in how these cases are handled under the law. Understanding these differences, including the legal standards, potential consequences, and defense strategies, is essential for individuals facing trespassing charges in Denver.