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).
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.
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
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
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.
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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