Immigration Benefits for Victims of Domestic Violence
If you are a victim of domestic violence, you may be able to obtain legal immigration status - permission to work and live in the United States and a green card without your abusive spouse's help. Under the Violence Against Women's Act (VAWA) spouses and children of US Citizens and lawful permanent residents can self-petition - file petitions on their own behalf - in order to obtain lawful permanent residency. VAWA empowers women and men to file for immigration relief without their abusive partner's knowledge or assistance.
The following people may be eligible to file a self-petition under VAWA:
You may also qualify if the abusive spouse holds a green card and has been deported since he abused you or if you recently divorced him because of the abuse.
You must be abused during the marriage or must be the parent of a child who has been subjected to cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
At some point in time, you must have lived with your spouse and should be residing within United States unless if your spouse is an employee of the United States government or a US military member.
You must have entered the institution of marriage in good faith.
You must have good moral character.
Records of the abuse filed with doctors, police and other institutions. Proof of your spouses US citizen or lawful permanent resident status. Documents that establish your residence in the United States Marriage certificate Divorce decree, if applicable Evidence of the bona fides of your marriage (bank statements, leases, children's school records etc)
Within a few weeks of filing the self-petition, you will receive an acknowledgment or Notice of Action from USCIS. Once USCIS reviews the petition and supporting documentation, it will send a notice called the "prima facie determination" indicating that the petition appears to be approvable. The notice will be valid for 150 days and may be presented to state and federal agencies that provide public benefits.
Once the I-360 petition is approved, you may file an I-485 application for permanent residency with USCIS as soon as your priority date is current. If you are or were married to a US citizen, you will be eligible to file immediately. If you are or were married to a lawful permanent resident, you will have to wait until your priority date becomes current before filing the application for residency.
If you do not have legal immigration status in the United States, USCIS may exercise the administrative option of placing you in deferred action status which should eliminate the risk of being placed in removal proceedings until you can file for permanent residency.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing VAWA self-petitioners and we would welcome the opportunity to consult with you about the strategy most appropriate to a particular case.
CALL THE NATIONAL DOMESTIC VIOLENCE HOTLINE 1 800 799 7233 FOR INFORMATION ABOUT SHELTERS, MENTAL HEALTH CARE, LEGAL ADVICE AND OTHER TYPES OF ASSISTANCE.
The following people may be eligible to file a self-petition under VAWA:
Spouses of US citizens and Lawful Permanent Residents
You may self-petition if you have been abused by a US citizen or lawful permanent resident spouse. You may include unmarried children under the age of 21 on your petition as derivative beneficiaries.Parents of Children Abused by a US Citizen or Lawful Permanent Resident
If you qualify as an abused spouse, you may include a child in your self petition as a derivative beneficiary, even if your child is not abused, as long at that child is under 21 years of age and unmarried. Even if you have not been abused, you may file a self-petition under VAWA, and included your child as a derivative beneficiary, if your child (under 21 years of age and unmarried) was abused by your U.S.Citizen or lawful permanent resident spouse.Children of US citizens or Lawful Permanent Residents
If you are a child, under 21 years of age and unmarried who has been abused by your U.S. citizen or lawful permanent resident parent you may file a self-petition.What are the general filing requirements for spouses?
You must be legally married to the U.S. citizen or lawful permanent resident batterer.You may also qualify if the abusive spouse holds a green card and has been deported since he abused you or if you recently divorced him because of the abuse.
You must be abused during the marriage or must be the parent of a child who has been subjected to cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
At some point in time, you must have lived with your spouse and should be residing within United States unless if your spouse is an employee of the United States government or a US military member.
You must have entered the institution of marriage in good faith.
You must have good moral character.
Do I have to stay married to the abusive spouse in order to apply?
If you have already filed an I-360 petition, legal termination of your marriage will not usually affect the self-petition. If you have not yet filed, you may still qualify if you file the petition within two years of terminating the marriage and you can show that the divorce was due in part to your spouse's abusive behavior. You must still prove that you married your spouse in good faith, that you lived together at some point in time and that you were abused during the marriage. You must be living in United States while filing the petition under VAWA except under certain circumstances.Can I get remarried while my petition is pending?
You may not remarry until the self-petition has been approved. In other words, if you remarry before filing a self-petition or after filing and before approval, the self-petition will be denied.What if my spouse already filed a petition on my behalf and it is still pending?
If your spouse already filed a petition on your behalf, you will be able to transfer the priority date of that petition to the I-360 self-petition. This is especially important for self-petitioner who are married to lawful permanent residents and are subject to visa quotas. The earlier priority date will result in a shorter waiting time for the green card.How do I apply and what can I expect?
To apply for benefits under VAWA you must file Form I-360 along with the following supporting documentation-Records of the abuse filed with doctors, police and other institutions. Proof of your spouses US citizen or lawful permanent resident status. Documents that establish your residence in the United States Marriage certificate Divorce decree, if applicable Evidence of the bona fides of your marriage (bank statements, leases, children's school records etc)
Within a few weeks of filing the self-petition, you will receive an acknowledgment or Notice of Action from USCIS. Once USCIS reviews the petition and supporting documentation, it will send a notice called the "prima facie determination" indicating that the petition appears to be approvable. The notice will be valid for 150 days and may be presented to state and federal agencies that provide public benefits.
Once the I-360 petition is approved, you may file an I-485 application for permanent residency with USCIS as soon as your priority date is current. If you are or were married to a US citizen, you will be eligible to file immediately. If you are or were married to a lawful permanent resident, you will have to wait until your priority date becomes current before filing the application for residency.
If you do not have legal immigration status in the United States, USCIS may exercise the administrative option of placing you in deferred action status which should eliminate the risk of being placed in removal proceedings until you can file for permanent residency.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing VAWA self-petitioners and we would welcome the opportunity to consult with you about the strategy most appropriate to a particular case.
CALL THE NATIONAL DOMESTIC VIOLENCE HOTLINE 1 800 799 7233 FOR INFORMATION ABOUT SHELTERS, MENTAL HEALTH CARE, LEGAL ADVICE AND OTHER TYPES OF ASSISTANCE.
