HOW TO GET A GREEN CARD IF YOUR SPOUSE IS ABUSIVE
Until 1994, domestic-violence victims who were undocumented immigrants had no legal protection from deportation if they reported their abuse. That year, Congress passed the Violence Against Women Act, which protects victims of severe domestic violence who are married to a permanent U.S. resident or citizen. Unfortunately, many undocumented women are not aware of this protection and lack ways of getting more information.
What is VAWA? VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions in United States immigration law to protect battered noncitizens. These provisions were updated in 2000 by the Battered Immigrant Women's Protection Act.
How can I get lawful permanent residency under VAWA?
Under VAWA, battered non-citizens who are married to, or recently divorced from US Citizens or Lawful Permanent Residents can, in certain circumstances, self-petition (without the help or knowledge of their abusive spouse) to obtain Lawful Permanent Residence or to remove the condition on their 2-year Conditional Permanent Residence cards.
If you have never been married to your abuser, or if your abuser is not a US Citizen or Lawful Permanent Resident, then you most likely do not qualify to self-petition for Lawful Permanent Residence under VAWA. However, you may qualify for a U-visa. For more information, see "How to Get Your Green Card Through a U-Visa."
In relationships of domestic violence, this often means that the abusive spouse uses his ability to control the immigration status of the victim as yet another method of abuse. To eliminate this deeply damaging power dynamic, VAWA allows battered non-citizens to "self-petition” for Lawful Permanent Residence. In effect, instead of depending upon the abusive spouse to apply for the victim’s immigration status with USCIS, a victim can apply on his or her own behalf and on behalf of her children. The abusive spouse plays no role in the process and does not have to know you are applying. In fact, the law is clear that USCIS may not inform an applicant’s spouse that a victim has applied for a VAWA self-petition.
Because the law is complicated, before you apply for a VAWA with the USCIS, please contact The Gehi & Associates for assistance in determining if you qualify.
What if I am divorced, widowed, or remarried? Am I still eligible to self-petition?
It depends. Certain changes in your legal status do not affect your eligibility to Self-petition. Please contact The Gehi & Associates to find out if you are eligible.
What about my children?
Depending on the your child’s age, he/she may be eligible to obtain lawful permanent residence no matter how long it takes for your VAWA application to be processed. You child may also be eligible to self-petition for him/herself.
Contact the Gehi & Associates, P.C. to schedule a free consultation to discuss whether you qualify for relief under the Violence Against Women Act. 718-263-5999.
What is VAWA? VAWA is the acronym for the Violence Against Women Act, which was passed by Congress in 1994. Among other things, VAWA created special provisions in United States immigration law to protect battered noncitizens. These provisions were updated in 2000 by the Battered Immigrant Women's Protection Act.
How can I get lawful permanent residency under VAWA?
Under VAWA, battered non-citizens who are married to, or recently divorced from US Citizens or Lawful Permanent Residents can, in certain circumstances, self-petition (without the help or knowledge of their abusive spouse) to obtain Lawful Permanent Residence or to remove the condition on their 2-year Conditional Permanent Residence cards.
If you have never been married to your abuser, or if your abuser is not a US Citizen or Lawful Permanent Resident, then you most likely do not qualify to self-petition for Lawful Permanent Residence under VAWA. However, you may qualify for a U-visa. For more information, see "How to Get Your Green Card Through a U-Visa."
In relationships of domestic violence, this often means that the abusive spouse uses his ability to control the immigration status of the victim as yet another method of abuse. To eliminate this deeply damaging power dynamic, VAWA allows battered non-citizens to "self-petition” for Lawful Permanent Residence. In effect, instead of depending upon the abusive spouse to apply for the victim’s immigration status with USCIS, a victim can apply on his or her own behalf and on behalf of her children. The abusive spouse plays no role in the process and does not have to know you are applying. In fact, the law is clear that USCIS may not inform an applicant’s spouse that a victim has applied for a VAWA self-petition.
Because the law is complicated, before you apply for a VAWA with the USCIS, please contact The Gehi & Associates for assistance in determining if you qualify.
What if I am divorced, widowed, or remarried? Am I still eligible to self-petition?
It depends. Certain changes in your legal status do not affect your eligibility to Self-petition. Please contact The Gehi & Associates to find out if you are eligible.
What about my children?
Depending on the your child’s age, he/she may be eligible to obtain lawful permanent residence no matter how long it takes for your VAWA application to be processed. You child may also be eligible to self-petition for him/herself.
Contact the Gehi & Associates, P.C. to schedule a free consultation to discuss whether you qualify for relief under the Violence Against Women Act. 718-263-5999.
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