Battered Spouse Petitions

If you’ve been a victim of domestic violence committed by a spouse who is citizen or green card holder, you may qualify for permanent residency.

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

Who is eligible?

Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition a derivative beneficiaries.

• Must be legally married to the U.S. citizen or lawful permanent resident batterer.

• Must have been battered in the United States

• Must have been battered or subjected to extreme cruelty during the marriage

• Is required to be a person of good moral character.

• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.

Child: You may self-petition if you are a battered child (under 2s of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.

What are the Basic Requirements?

The self-petitioning spouse;

• Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse's death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
   

• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
   

• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
   

• Is required to be a person of good moral character.
   

• Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

The self-petitioning child;

• Must qualify as the child of the abuser as "child" is defined in the INA for immigration purposes.
   

• Any relevant credible evidence that can prove the relationship with the parent will be considered.

It is very important that you be able to provide a written statement, providing detailed substantial amounts of supporting evidence to prove all of the above requirements.

You will also need to write a detailed statement about his or her life, including all the facts about life before meeting the abusive spouse and continuing to the present day. Other evidence that should be submitted includes a police report (if one was filed) as proof of the event.

The filing of a self-petition can be emotionally challenging, confusing and time-consuming. If you believe you qualify for VAWA, you should contact an experienced immigration lawyer to assist with this process.

Please call The Sheena Law Firm today. We will take the time to meet with you to discuss your case and advise you on whether you are eligible for this type of petition.