Suppose you intend to petition for an immigrant visa for your spouse (a ‘spouse’ is defined as a legal husband or wife). In that case, you must submit documentation establishing your relationship with your spouse, and your spouse must be admissible to the United States under U.S. Immigration Law.
Those abused by their spouse may qualify for certain immigration benefits under the Violence Against Women Act (VAWA). Immigration authorities treat such applications with a greater degree of confidentiality.
Applicants whose husbands or wives have been battered may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). VAWA in the INA allows certain spouses of citizens and permanent residents (Green Card holders) to petition for themselves without the abuser’s knowledge.
Victims can seek safety and independence from their abusers through this process, who are not notified of the filing. Women and men have equal access to VAWA’s provisions, which are permanent and do not require congressional reauthorization.
GENERAL ELIGIBILITY
An abused spouse is eligible to self-petition if:
- The marriage to a citizen or resident is currently in effect or was terminated within two years of the self-petition filing.
- Marriage was entered into in good faith, and the abused spouse has a good moral character.
- At some point, the spouses lived together.
Are you a Battered Spouse of the U.S. Citizen? Want to self-sponsor for your Green Card? For quick responses to all your queries or to book your Free Personal Consultation with our Immigration Attorneys, call us at 718 263-5999 or WhatsApp us now at +1 (917) 781-0791!
