With so much focus on the current administration’s immigration policies, many people are becoming more aware of how to qualify for a green card. It turns out that victims of domestic violence are among the people who can easily change their legal status and get legal permanent residency.
With the right proof and help from an immigration lawyer, a person who is dating or married to a U.S. citizen or lawful permanent resident and has been beaten or stalked by their partner may be able to apply for residency under the VAWA self-petitioner spouse visa provisions.
If you think you meet these requirements but don’t know what to do next, this article will tell you how to get your green card even if you are in an abusive relationship.
How Can You Obtain a Green Card Under VAWA?
The Violence Against Women Act allows certain U.S. citizens and lawful permanent residents’ spouses, children, and parents to file for themselves without the abuser’s knowledge or consent. Before you can file your petition, you must have been in a qualifying relationship with your permanent resident spouse or parent for at least three years.
You must also demonstrate that you have been living in fear as a result of previous abuse by your spouse, child, or parent. You must live in the United States right now to be eligible for this VAWA provision.
What Are the Benefits of Obtaining a Green Card Under VAWA?
The immigration benefits of obtaining a green card under VAWA include:
- You might be able to get a green card without your abuser’s knowledge or permission.
- Even if you are in the process of being removed from the United States or have been told to leave, you may still be able to apply for a green card.
- If your application is approved, you will be granted lawful permanent resident status (a green card). As a member of any U.S. military service, such as a reservist who is activated by being called up for duty, you can live and work permanently in the United States.
- You are free to travel within the United States as long as you do not return to the location where your abuser lives and works. If you don’t follow the rules, you will be breaking the law if you travel after getting relief from deportation.
- Under certain conditions, your children may also be eligible for lawful permanent resident status.
- You may eventually be able to file for citizenship.
Green Card Application Under VAWA
You may be able to self-petition for a green card if you are a victim of domestic violence. That is, you do not require your abuser to sponsor you. To be eligible, you must have been abused by the same person who was:
- The person who first sponsored you or petitioned for you.
- Your parent is a US citizen.
- Your parent is a lawful permanent resident (LPR).
- Your unmarried partner has been in an exclusive relationship with you for at least two years and is a US citizen or LPR.
To begin, fill out Form I-360 (American, Widow(er), or Special Immigrant Petition). You will file Form I-485 (Application to Register Permanent Residence or Change Status) after USCIS tells you that your application has been accepted.
You will need to include things like police reports and proof of abuse in both forms, and you will have to wait for approval before you can apply for naturalization.
Under VAWA protection, if you are given residency, you can apply to become a US citizen after living in the country for five straight years.
Other requirements include passing English and civics tests; renunciating any other citizenship, if applicable; and being of good moral character. Immigration officials will look at how long you have lived in the U.S. and if you are a priority when deciding if you are eligible.
Consult the experts at Elliot Immigration Law today!
The Violence Against Women Act (VAWA) provides a path to residency for immigrant victims whose US citizen spouse has hit them or treated them very badly. If you have been the victim of domestic violence and believe that your case meets VAWA’s eligibility requirements, then it is possible to self-petition under this act in order to become permanent residents without fear of deportation.
Contact Elliot Immigration Law at (404) 890-0372 to schedule an appointment with one of our experienced lawyers.
