VAWA Battered Spouse Petition
The Violence Against Women Act (VAWA) provides a pathway for battered or abused spouses to self-petition for a green card.
Generally, U.S. citizens and Lawful Permanent Residents must file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Unfortunately, some USCs and LPRs, abuse their control of this process and subject their family members to coercion, extortion, or threaten to report them to the USCIS. In such a situation you may file a self-petition (an application that you file for yourself for immigration benefits) as a battered spouse, under the VAWA while married to a U.S. citizen or lawful permanent resident to obtain lawful permanent residency. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries. The immigration provisions of VAWA allow certain battered spouses to file for immigration relief without the abusive spouse's assistance or knowledge, in order to seek safety and independence from the abuser.
VAWA applicants may be male or female, despite the term “Violence Against Women Act.”
To qualify:
You must be in a qualifying relationship with an abusive U.S. citizen or lawful permanent resident
You must reside in the U.S. at the time the VAWA petition is filed and you must have resided with the abusive U.S. citizen or lawful permanent resident at some point.
The abusive person must be either a U.S. citizen or lawful permanent resident
You must have suffered abuse (mental, physical, psychological) at the hands of the U.S. citizen or lawful permanent resident
You must be a person of good moral character