How can I prove abuser is a citizen for VAWA?
THIS ASSUMES THAT THE VICTIM DOESN’T HAVE THE SPOUSE’S BIRTH CERTIFICATE:
In many instances, if a person applying for VAWA has to prove the spouse’s citizenship without the birth certificate, one option may be to use a marriage certificate. Often, the marriage certificate will list a person’s place of birth. If a person lists that s/he was born in the US, this may be enough to prove citizenship. If the person got his/her citizenship through naturalization, USCIS may be able to electronically verify her immigration status. In addition, a VAWA applicant can explain in his/her declaration and other supporting affidavits, if relevant, how s/he knows that the abusive spouse is a citizen (for example, if the spouses visited his/her hometown, or the applicant went to the spouse’s naturalization ceremony, etc.).
With all immigration matters, we strongly recommend that anyone who is considering applying for an immigration-related matter only does so with the help of a lawyer who is knowledgeable in immigration matters related to domestic violence. GIVE LINKS
Specifically, a lawyer can better help you organize the supporting documents that you will need and can help you to file your petition, and even help assess if you are eligible for VAWA.
And here is a link to the information on our website about VAWA in case that is helpful: LINK