If you are a battered spouse or child, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), which was amended by the Violence Against Women Act (VAWA).

Under the INA, abused spouses and children of U.S. citizens and permanent residents (those with a green card), may file a petition for themselves without their abusers finding out. This allows you to seek safety and independence from your abuser, who will NOT be notified.

Who is eligible to file?

To be eligible, you must fit in one of the following categories:

• You are an abused spouse of a U.S. citizen or a permanent resident;
• Your child has been abused by a U.S. citizen or a permanent resident; or
• You are an abused child under 21 who is unmarried, and have been abused by your U.S. citizen parent or permanent resident.

To qualify, you must be married to a U.S. citizen or permanent resident abuser, or your marriage was ended due to a death or a divorce (because of the abuse), within two years of filing your petition.

You may qualify if your spouse lost their citizenship or permanent resident status within two years of your petition because of a domestic violence incident; or your marriage to your abusive spouse was not legitimate because of bigamy, though you believed you were legally married.

Other reasons for qualifying include suffering battery or extreme cruelty at the hands of a U.S. citizen or permanent resident spouse, or your child has been subjected to battery or extreme cruelty by your spouse.

You must: 1) have not entered the marriage solely for immigration benefits, 2) have resided with your spouse, and 3) be a person of good moral character. Similarly, for a child to be eligible, they must be the child of the abuser, suffered battery or extreme cruelty, be under the age of 14 and of good moral character.

For immediate help with your case, reach out to an immigration attorney near you!