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 U.S. Citizenship and Immigration Services (USCIS) 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 the USCIS.
Most battered immigrants are afraid to report the abuse to the police or other authorities. Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency.
Immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge, in order to seek safety and independence from the abuser.
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.