Green Card for Victims of Family Violence
As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
Must fall into one of the following categories:
- An abused spouse of a USC or LPR;
- The parent of a child who was abused by the parent’s abusive USC or LPR spouse;
- The abused child of a USC or LPR parent;
- The abused parent of a USC or LPR son or daughter who is at least 21 years old;
If applying under one of the first two categories above, must have:
- been abused by his or her USC or LPR spouse during the marriage;
- the marriage must have been entered into in “good faith”; and
- the petition must be filed within two years of divorce;
Must have been subjected to “battery or extreme cruelty” by the USC or LPR family member;
- Must have resided in the United States with the abuser at some point;
- Must be of “good moral character”;
- Must show evidence that the perpetrator is or was a USC or LPR.
If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:
- the abuser is an employee of the U.S. government,
- the abuser is a member of the uniformed services, or
- you were subjected to battery or extreme cruelty in the United States.
Obtaining a Green Card while in the United States through a VAWA Application and Adjustment of Status
- An Immigration Attorney evaluation of your case.
- Preparation of the VAWA Immigrant Visa application.
- Preparation of Adjust of Status Application and required forms.
- Preparation of employment authorization application.
- Preparation of supporting documents for USCIS.
- Final review with Attorney of application forms with client.
- Attorney signature on all application to indicate to the U.S. government that the forms where prepared by an attorney.
- Mailing case to USCIS.
What’s not included
- Attorney representation as attorney of record (G-28) before USCIS.
- Additional work by the attorney, such as answering a Request for Evidence (RFE) where it was issued due to government error or client omission.
- Attorney appearance at any USCIS interview(s).
- Follow up on case status with USCIS.
- Guarantee of approval by the U.S. government. Outcomes depend on your situation and cannot be guaranteed.
For most clients, this service covers this phase of the application process. But if something unexpected happens and your case requires additional work, you can talk to us about hiring us to help you.