Understanding Domestic Violence: Focus on Spousal Abuse
Question: I married what I thought was a very loving man.
However, after I came to the U.S., he started beating me.
Now he threatens that if I tell anyone, he will have me deported and not help me with my petition. What can I do?
Answer: Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the The Violence Against Women Act (VAWA), passed in 1994, provides a critical lifeline for immigrant families. Before VAWA, some U.S. citizens and lawful permanent residents misused their control over the immigration process. They would abuse or threaten to report their family members to USCIS. This often left battered immigrants afraid to seek help. VAWA changed this. It allows the spouses and children of U.S. citizens or LPRs to self-petition for lawful permanent residency. This immigration relief can be filed without the abuser’s knowledge or assistance, giving victims a path to safety and independence.
Question: Who is Eligible to file this type of petition?
Answer: To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:
1) The Spouse:
Unmarried children under the age of 21,
have not filed their own self-petition,
2) The Parent:
if you are the parent of a child
or lawful permanent resident spouse.
if they have not filed their own self-petition.
3) Child:
Question: What are the Basic Requirements?
Answer:
by the abusive spouse’s death within the two years prior to filing.
by divorce related to the abuse.
unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
There is help which you should seek.