Abused Spouse, Child, or Parent "Green Card"

Are you a battered spouse, child, or parent? Let us be your voice and help you obtain a "Green Card"

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Abused Spouse, Child, or Parent: "Green Card"

What is an Abused Spouse, Child, or Parent?

  • Complete Details

    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. This applies equally to women and men. This program allows you to include in your petition, any unmarried children who are under 21.

  • Who is eligible to file?
    • Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
    • Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
    • Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Does my

situation qualify?

Frequently Asked Questions (FAQs)

Got a question? We’re here to help.
  • Can A Man File A Petition For Himself Under The Violence Against Women Act?

     Yes, VAWA applies equally to victims of either sex.

  • What if my Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is denied?

    If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C.

  • What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

    If you are the beneficiary of a Form I-130, Petition for Alien Relative, filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a Green Card.

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