Green card

What are the Requirements for a Battered Spouse to be Eligible for a Green Card under Violence Against Women Act – VAWA in 2014?

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.

As a battered spouse, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).

The VAWA provisions in the INA allow certain spouses of U.S. citizens and certain spouses of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.

Which Battered Spouses are Eligible to File under VAWA?

You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. 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 to File under VAWA?

A) Qualifying spousal relationship:

You are 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 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 believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

B) You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:

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.

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.

What is the Filing Process under VAWA?

You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.

If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:

the abuser is an employee of the U.S. government,

the abuser is a member of the uniformed services, or

you were subjected to battery or extreme cruelty in the United States.

If you are a self-petitioning spouse or child and you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.

If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant is approved and you do not have legal immigration status in the United States, USCIS usually will place you in deferred action, which allows you to remain in the United States

Can I Work in the United States during the VAWA processing?

If you have an approved Form I-360, you are eligible to apply to work in the United States. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States.

Am I Eligible for a Permanent Residence (Green Card)?

If you have an approved Form I-360, you may be eligible to file for a green card. If you are a self-petitioning spouse or child, your children listed on your approved Form I-360 may also be eligible to apply for a green card. It is important to work with an immigration attorney  who is experienced with VAWA filings to help you assemble the required information and documentation.

 

We look forward to hearing from you. There is no charge for an initial telephone consultation. The Law Office of Rose H. Robbins represents VAWA immigration clients from all over the United States since it involves the same Federal laws and regulations.

Please call us at: (954) 946-8130 to schedule your free telephone consultation so we can tell you about the legal services we offer in this area.

CONTACT THE OFFICE HERE!

We look forward to hearing from you!

 

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

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We look forward to hearing from you!

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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.