by Kasey Husk
Last month, we talked about how Eagan Immigration can help you find a path to go from being an undocumented immigrant to a United States citizen as quickly as possible.
Eagan specializes in finding opportunities where other attorneys see only obstacles. We have successfully guided many clients through the process of obtaining citizenship through various types of visas, including the visa intended for victims of sex trafficking or human trafficking, as well as other types of crimes in the United States.
We are recognized for our expertise in preparing self-petitions under the Violence Against Women Act (VAWA). This type of petition allows undocumented individuals to apply for legal status in the United States if they have been physically, psychologically, or sexually abused by their US citizen or permanent resident spouse or parent, or their adult US citizen child, without the need for their abuser's approval.
But how does a VAWA petition work? Meet “María,” who is beginning to chart her own path as an undocumented immigrant toward becoming a U.S. citizen.
PART ONE
María, a 48-year-old native of Mexico, came to the United States for the first time when she was 20 to find a job that would allow her to support her family back home. A few years later, she met and married her husband, Juan, with whom she had three children. Unfortunately, María has a lot of trouble with her oldest son, Miguel, who is now 23 years old. Since he was 15, Miguel has had problems in school; he skipped classes so often that María had to go to court, since in the state where she lives, parents are held responsible for their children’s absences. Miguel never cared how his mother felt. Every time María tried to talk to him, Miguel would insult her, go to his room, and slam the door; other times, he would simply ignore her completely.
Miguel refuses to help with household chores or to contribute financially, even after dropping out of school. María had hoped that if she were patient enough, Miguel would outgrow his cruel behavior. Unfortunately, things have only gotten worse now that Miguel is an adult, as he demands that María cook for him and yells at her if she does not prepare the dishes he likes. Frequently, Miguel “borrows” María's car without permission and often smokes marijuana in his room, despite it being a violation of the lease agreement that his parents pay for. Miguel tells María that he has more rights than her because he is a United States citizen and that if she ever tries to report him to the authorities, she will be the one who ends up under arrest. María cannot handle all of this emotionally; however, she feels she has no other choice than to deal with Miguel's mistreatment of her.
But one day, that changes.
María was scrolling through TikTok when she came across an ad for Eagan Immigration. An attorney from Eagan briefly discussed VAWA self-petitions and encouraged victims of abuse to contact our firm for a consultation. At first, María was skeptical. After all, Miguel wasn’t physically abusive toward her—so would that really count as abuse? Besides, she had spoken with a lawyer a few years ago who told her there was nothing she could do to change her status, since she had left the United States for a month when Miguel was a teenager. Finally, María was hesitant because she lives in Texas, and although a Google search showed her that Eagan is in the state of Virginia, she decides to reach out anyway.
Taking the first step: Get in touch. Maria called the Eagan Immigration phone number and began speaking with a receptionist, who was able to answer her fluently in Spanish, her native language. Maria feels relieved since speaking on the phone in English is often difficult for her. She immediately feels at ease with the person she is speaking to, and the receptionist explains to her how Eagan Immigration works in a completely remote manner—meaning no matter where Maria lives, everything can be done remotely.
Maria provides some basic information, such as her name, date of birth, marital status, when and how she came to the United States, and the names and ages of her children. The receptionist assures her that before her official consultation, an Eagan attorney will review the information and analyze all possible avenues to obtain citizenship.
A few weeks later, Maria has another consultation with a member of the Eagan Immigration team, who explains in detail the plan prepared by the attorneys to get her petition approved. In this case, it seems that a VAWA self-petition based on Miguel's abuse is the best option to obtain status. However, Maria hesitates: Does Miguel need to know that I am accusing him of abuse? Would this cause him problems?
She feels relieved when she hears that the answer to both questions is no; she was afraid of Miguel’s reaction if he were to find out what she’s doing, and besides, he’s still her son, and she doesn’t want him to get into any kind of trouble with the authorities. Eagan’s representative put her fears to rest and then provided her with detailed information about the costs and a possible payment plan that would allow her to pay for her case in installments over time. With that, she decides to move forward.
The second step: Give information. To continue, Maria takes a day off from work to focus on the two long calls with one of the case strategists in Eagan to tell her story and provide all the information the forms team needs to fill out her paperwork.
At first, María isn’t particularly looking forward to this step, since she’s somewhat used to hiding the way Miguel treats her, but the case strategist is so kind and friendly that, before long, she begins to feel at ease. When the interview ends, the case manager assures her that the forms team will be working on her documents, while the writing team will use her own words to draft a statement that tells her story as accurately as possible. María hangs up the phone feeling hopeful.
While she waits for the next step, she keeps herself busy gathering the documents that need to be included in her application. At first, María assumes it will be a complicated task, but in reality, it turns out to be much easier than she thought. She starts by looking for documents such as her marriage certificate; she takes a photo with her cell phone, finds electricity bills that show her address, and gathers letters from friends and family describing what a good person she is. Once she has everything, she sends it via email to Eagan Immigration. María also remembers a rather cruel text message she recently received from Miguel, so she takes a screenshot and adds it to her documents.
A month later, María is scheduled for her next call to review her statement and information. When the time comes, she sets aside some time to focus and be able to talk on the phone without interruption.
As she listens to her statement read by the case strategist—who pauses from time to time to ask her a couple of questions that need clarification—María feels relieved, because the statement not only tells her story but sounds exactly as she would tell it herself. Afterward, she pays the government fee, and her case is forwarded to U.S. Citizenship and Immigration Services (USCIS).
Now all we have to do is wait
Stay tuned for Part 3: María's wait was worth it!