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Abused Spouses & Children – Immigration Benefits

Feb 28, 2016 News

Too often, undocumented immigrants in the United States are victims of domestic violence and abuse.  Some immigrants may be afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
Victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or a permanent resident (green card holder) and are abused by the citizen or permanent resident may be eligible to apply for a green card themselves without needing the abuser to file for immigration benefits on their behalf.  This provision of the law was created under the Violence Against Women Act (VAWA).

VICTIMS MUST ESTABLISH THAT THEY:
·    Have or had a qualifying relationship with the abuser spouse, or, are the parent or child of the abuser,
·    Reside or resided with the abuser,
·    Have good moral character, and
·    Have been victims of battery or extreme cruelty.

THOSE ELIGIBLE TO FILE:
·    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.
·    Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
·    Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Once your self-petition as a battered spouse, child or parent is approved then you can apply for work authorization and a green card.  There are no filing fees for the battered spouse petition and waivers for filing fees are available for the work authorization and green card applications.
VAWA allows certain 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. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA or that your application was approved.

For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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