The self-petitioning spouse:
Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
You are required to be a person of good moral character and must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.
The self-petitioning child:
Must qualify as the child of the abuser as “child” is defined in the INA for immigration purposes. Any relevant credible evidence that can prove the relationship with the parent will be considered.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chances of approval is greatly increased.