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Battered Spouses, Children and Parents (VAWA)

If you are a victim of Domestic Violence, then you may qualify for a green card under Violence Against Women Act (VAWA). VAWA is a visa petition that allows spouses, children, and/or parents of U.S. Citizens who have been subject to extreme cruelty or battered. The self-petition allows the victim of an abusive spouse, parent, and/or child to seek safety and independently apply for Lawful Permanent Resident (LPR).

Eligibility requirements for a spouse:

  • Qualifying spousal relationship:

    • You are married to a U.S. citizen abuser; or

    • Your marriage to the abuser was terminated by death or a divorce within the two years prior to filing; or

    • Your spouse lost or renounced citizenship status within the two years prior to filing due to an incident of domestic violence, or

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

  • You or your child have suffered battery/extreme cruelty by your U.S. citizen spouse:

  • You have been abused by your U.S. citizen, or

  • Your child has been subjected to battery or extreme cruelty by your U.S. citizen spouse

  • You entered the marriage in good faith, not solely for immigration benefits;

  • You have resided with your spouse; and

  • You are a person of good moral character.

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Eligibility requirements for a child:

  • Qualifying parent/child relationship:

    • You are the child of a U.S. citizen abuser; or

    • You are the child of a U.S. citizen who lost citizenship status due to an incident of domestic violence

  • You have suffered battery/extreme cruelty by your U.S. citizen parent

  • You have resided with your abusive parent; and

  • You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character

Eligibility requirements for a parent:

  • Qualifying parent/son or daughter relationship:

    • You are the parent of a U.S. citizen who is at least 21 years of age when the self-petition is filed; or

    • You are the parent of a U.S. citizen who lost or renounced citizenship status related to an incident of domestic violence; or

    • You are the parent of a U.S. citizen who was at least 21 years of age and who died within two years prior to filing

  • You have suffered battery/extreme cruelty by your U.S. citizen child;

  • You have resided with the abusive child; and

  • You are a person of good moral character

Evidence for a VAWA Case:

While filing for form I-360, one must provide the United States Government with Reports and/or Affidavits from police, judges and court officials, medical personnel, school officials, clergy, social workers, friends and/or family members as evidence of battery or extreme cruelty. You may also provide evidence of seeking refuge in a battered women's shelter, consulting with a psychologist or other mental health professionals, photographs of visible injuries; or even documenting "nonqualifying abuses" to show a pattern of abuse or violence.

Contact an immigration law attorney in Manhattan today

Get started with your VAWA application right away by calling Dalbir Singh and Associates, PC at 212-428-2000. Our New York City office is conveniently located in the Financial District, at 40 Wall Street, Floor 25, New York, NY 10005. We’re open five days a week.

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