By: vadmin / December 19, 2023

This blog post seeks to establish some of the immigration benefits that apply to spouses and children suffering from domestic violence. We hope to guide you in a direction that empowers your personal situation and leads you to a peaceful mind.

Is there immigration relief under Violence Against Women Act (VAWA)?

The immediate relatives of a U.S. citizen or lawful permanent resident (LPRs), which includes spouses and children who are unmarried, and under the age of 21, can self-petition to obtain lawful permanent residency in the United States. The immigration provisions of VAWA help the person being abused to be free and independent of the abuser. The abused can file for an immigration relief.

I am a wife or husband, I have been abused by my spouse. What are the requirements for me to self-petition?

You must be able to present a marriage certificate showing that you are married, lawfully, to a U.S. citizen or a LPR who is abusing you – the batterer in this case. If there is a divorce or death of the spouse, you may self-petition within two years from the date of death or divorce.

The abuse you have gone through by your spouse must happen within the United States. Enter the marriage you are in not solely for the purpose of obtaining immigration benefits.

What about my child who has also gone through the abuse?

There needs to be evidence that the child is yours. This means to prove the relationship between the child and the parents. Also, the child must meet the definition under immigration law, this means that the child is unmarried and under the age of 21 when he or she has gone through the abuse.

How do I begin the process of obtaining immigration benefits?

Firstly, it is important to speak with a licensed immigration attorney for your case. So that you are taking the appropriate steps necessary to make sure that all the benefits available to you in your situation, apply.
The process begins when you seek to self-petition, this is to be away and independent of the batterer – the person who is abusing you. You begin this process by filing a I-360 petition.

How do I know if my self-petition is approved, accepted, or denied?

It is up to you to establish that the abuse you are going through in your relationship is one that is correct and accurate. The United States Citizenship and Immigrant Services (USCIS) will then ‘qualify’ you and your eligibility for public benefits. This determination of eligibility USCIS makes will depend on how thorough your proof is An approved self-petition will place you in deferred action which means you will not be put under removal proceedings. At the same time, you can also get employment authorization; this is the standard I-765 form you should file with your I-360 to self-petition. You can also adjust status (apply for a green card) if you are an immediate relative (spouse, child under 21 and unmarried, parent) – a visa is immediately available for you. If your self-petition is denied, consult with an attorney as to how to appeal. There will be instructions in the denial letter on how to appeal.

Does the immigration benefits under VAWA apply to men as well?

Yes. Absolutely! Self-petitioning provisions for victims of domestic violence are in VAWA, VAWA itself is gender-neutral. This means that those provisions equally apply to victims of either gender. Stay tuned for our article on Violence Against Women Act for men article. As well as more blog posts on this topic of immigration benefits. The immigration law offices of Varun Luthra are highly experienced in this area and has had great success in helping clients. Contact us at 410-446-7744 and email us at varun@varunluthra.com. Your Ohio and Maryland immigration attorney.