If you are a battered spouse, battered parent, or battered child, you could qualify to apply under the Violence Against Women Act (VAWA) and the Immigration and Nationality Act for an immigrant visa petition. What the law allows, in general, is for qualifying spouses, parents, and children of abusers to obtain Green Cards on their own behalf. But the process, including the issue of eligibility, can be complex, and in some cases difficult to understand. Castañeda Immigration Law can help.
Notwithstanding the title of the law, the provisions of the VAWA apply to both men and women. It also applies to parents and children. And in some situations, you need not be currently married to the abuser to fall within the protection of the law. And because the petition is filed by the abused spouse/parent/child, and because consent of the abuser is not necessary, the abuser is not notified of the filing of the petition.
There are three categories of potentially eligible immigrants who may be eligible obtain lawful permanent resident status under the Act:
Spouses. To be eligible for a Green Card as a spouse under the VAWA, you must have a qualifying spousal relationship. This includes but goes beyond current existing marriages. You are eligible under the law as a spouse if and of the following apply:
There are additional requirements under VAWA to be considered an abused spouse. They include the following:
Children. Eligibility under VAWA for children, as with spouses, includes a qualifying relationship and other factors, among them:
Parents. Eligibility prerequisites for parents under VAWA include:
The key to understanding VAWA immigration is to determine, in the first instance, whether you are eligible. While we have provided an outline on the issue, questions will still remain, including whether there has been abuse within the meaning of the law.
At Castañeda Immigration Law, we can guide you through the laws that apply. We can also assist in the process of “self-filing” for VAWA immigration, including filling out Form I-360. Moreover, if your application is approved but you do not have legal immigration status in the US at that time, we can help if you are placed in deferred action. Contact us to find out how our firm can assist you in obtaining the benefits of VAWA, including a Green Card.