Battered spouses/children
Battered spouses/children. Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the Bureau of Citizenship and Immigration Services (INS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members or by threatening to report them to USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.
What is the Legal Foundation?
The Immigration and Nationality Act (INA) is the law that governs immigration in the United States. The Violence Against Women Act (VAWA) provisions relating to immigration are codified in section 204(a) of the INA. Rules published in the Federal Register explain the eligibility requirements and procedures for filing a self-petition under the VAWA provisions. The Battered Immigrant Women Protection Act of 2000 (BIWPA) made significant amendments to section 204(a) of the INA. There are numerous immigration laws that could result in the denial of this visa if not properly prepared.