Can a battered spouse use VAWA to get permanent residency or a green card?

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

What is VAWA?

Violence against Women Act  (“VAWA”) allows qualifying spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge.

Can a battered spouse, child or parent self-petition to USCIS to obtain a green card?

Yes. As a battered spouse, child or parent, you may file an immigrant visa petition under VAWA.

How do I know if I am eligible to file a petition under VAWA?

* Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

What are the eligibility requirements for a spouse?

A) Your legal relationship to the abuser:

married to a U.S. citizen or permanent resident abuser; or

your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing.

B) The abuse you suffered needs to be as follows:   You

have been abused in the United States by your U.S. citizen or permanent resident spouse, or

have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services.

In addition,

C) You entered into the marriage in good faith, not solely for immigration benefits.

D) You have resided with your spouse.

E)  You are a person of good moral character.

Filing Process

You must complete the Form I-360,  including all supporting documentation. You need to strictly comply with various filing requirements and supply information as requested or your case can be dismissed. The process of applying for the green card varies with certain circumstances.

 We have extensive experience in helping abused family members and understand the special concerns involved in this frightening situation. The Law Offices of Rose H. Robbins represents clients all over the United States and all over the world.

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

* Major Florida Cities We Serve

Boca Raton Cape Coral Clearwater Deerfield Beach Ft. Lauderdale  Gainesville Hialeah Hollywood Jacksonville Lighthouse Point Miami  Miami Beach Orlando Pompano Beach Port St. Lucie St. Petersburg Tallahassee Tampa West Palm Beach

* Major Florida Counties We Serve

Broward County Duval County Hillsborough County Miami-Dade County Orange County Palm Beach County Pinellas County

You may also fill out the “Contact an Immigration Lawyer” form below for instant delivery to our confidential email system.  The Law Office of Rose H. Robbins will contact you within twenty-four (24) business hours of receipt of this form to tell you about the legal services we offer. I understand that by submitting this form that the Law Office of Rose H. Robbins does not represent me and are are not my attorney and there is no attorney-client relationship by submitting my question or requesting that the Law Office of Rose H. Robbins contact me. I understand that the ONLY way that the Law Office of Rose H. Robbins will represent me is by entering into a written fee agreement/retainer agreement and that this form is not a fee agreement/retainer agreement.

We look forward to hearing from you!

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide ask us to send you free written information about our qualifications and experience. This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.

Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Offices of  Rose H. Robbins or establish an attorney-client relationship.

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