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VAWA

the Federal Government allows spouses, children, and parents of U.S. citizens and only spouses and children of permanent residents to file a petition under the Violence Against Women Act (VAWA)

Battered Spouse, Children and Parents

Battered Spouse, Children and Parents

In order to reach safety and independence from their abusers, the Federal Government allows spouses, children, and parents of U.S. citizens and only spouses and children of permanent residents to file a petition under the Violence Against Women Act (VAWA) without the abuser’s knowledge who will not be notified of the filing.

The VAWA provisions apply equally to women and men.  If your petition is approved, you may be eligible to file for a green card.

Eligibility Requirements:

Spouse

  • You must be married to a U.S. citizen or permanent resident abuser, or;
  • Your marriage was terminated by death or a divorce and it was related to the abuse within the 2 years prior to filing your petition, or;
  • Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or;
  • You reasonably believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate, or;
  • You have suffered battery or extreme cruelty by your U.S. citizen or permanent resident spouse, or;
  • You have been abused by your U.S. citizen or permanent resident spouse, or;
  • Your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse, or;
  • Your marriage was in good faith, not solely for immigration benefits, or;
  • You have resided with your spouse;
  • You are a person of good moral character.

Child

  • You are the child of a U.S. citizen or permanent resident abuser, or;
  • You are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence;
  • You have suffered battery or extreme cruelty by your U.S. citizen or permanent resident, abusive parent;
  • You have resided with your abusive parent;
  • You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.

Parent

  • You are the parent of a U.S. citizen son or daughter who is at least 21 years old when the self-petition is filed, or;
  • You are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or;
  • You are the parent of a U.S. citizen son or daughter who was at least 21 years old who died within 2 years prior to filing the self-petition;
  • You have suffered battery or extreme cruelty by your abusive U.S. citizen son or daughter;
  • You have resided with the abusive son or daughter, and;
  • You are a person of good moral character.