Green Card for Battered or Abused Parent, Spouse or Child

The parent (child must be USC NOT LPR), child or spouse of a US citizen or legal permanent resident who has been battered (or subject to extreme cruelty), and the US citizen parent/spouse/child refuses to file your immigration petition, may be able to self-petition under provisions of the Violence Against Women Act (VAWA).

Under immigration laws, the following actions by the US citizen (green card holder) abuser may allow you to qualify under VAWA.

  • Treats
  • Beatings
  • Sexual exploitation
  • Treats to deport the immigration or turn him/her over to immigration authorities.
  • Treats or acts of violence against another person in order to alter the behavior of the immigrant.

Some requirements for VAWA Cases:

  • Proof of battery or extreme cruelty. Example: police report, order of protection, medical reports, affidavits (from social worker, police,
  • clergy etc.), photographic evidence, stay at battered person’s shelter, opinion from psychologist or mental health professional.
  • Evidence of abuser’s immigration status (USCIS may provide this)
  • Evidence of legal relationship to the abuser

Spouse or child must show that he/she :

  • Live in the United State with the abuser USC or LPR spouse/parent
  • Was battered or subject to extreme cruelty during the marriage
  • Marriage was in good faith
  • Eligible for immediate relative or preference status
  • Has good moral character
  • Deportation would result in extreme hardship to yourself, or to your child

NOTE: A self-petitioning battered or abused spouse or child of a U.S. citizen or lawful permanent resident may submit any relevant credible evidence in place of the suggested evidence.

If you have been battered or subject to extreme cruelty by your US citizen or legal permanent resident relative then you may qualify for a green card. Contact our New York City immigration law firm at 800.230.0744 or sscott@shanescottlaw.com or Skype: shanescottlaw..

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