Battered Spouse Petitions | Law Office of Alexandra Mayen Rivera
755 New York Ave, Suite 420Huntington, NY 11743

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  2. Battered Spouse Petitions

Battered Spouse Petitions

In certain cases, abused spouses, children, and parents of U.S. citizen and certain abused spouses and children of legal permanent residents, may file an immigrant visa petition under the Immigration and Nationality Act, as amended by the Violence Against Women Act (VAWA). This is a self-petition that does not require the cooperation of the abusing U.S. citizen or legal permanent resident. This means that the abuser does not have to know about the process.

Who can apply:

  • An 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.
  • A parent of U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
  • An unmarried child under 21, that has been abused by U.S. citizen or permanent resident parent.
  • Unmarried children who are under 21 may be included in any of the above petitions.

    • If your marriage with an abuser was terminated by death or a divorce within the 2 years prior to filing the petition, you may still be eligible.

    To apply, the self-petition must file Form I-360 Petition for Amerasian, Widow(er) or Special Immigrant Juvenile, with the required supporting evidence.

    If Form I-360 Petition for Amerasian, Widow(er) or Special Immigrant Juvenile is approved as a self-petitioning VAWA applicant, and the person does not have legal immigration status in the United States, the U.S. Citizenship and Immigration Services may place the petitioner in deferred action, which allows them to remain the United States. An approved I-360 Self-petition makes the self-petitioner eligible for work authorization and eligible to adjust status as a permanent resident if there are no inadmissibility issues.

    Contact our office for a consultation to find out if you meet the requirements.

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