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Home  >  Immigration Law FAQ  >  Green Cards  >  Battered Spouse

Your Immigration Questions Answered by VisaPro.

Here, you will find detailed answers to many of most common immigration questions.

1. What is the Violence against Women Act?
  
 Under the Violence against Women Act (VAWA) passed by Congress in 1994, spouses and children of U.S. citizens or lawful permanent residents may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

2. Who is eligible to file a self-petition to obtain lawful permanent residency?
  
 

To be eligible to file a self-petition – an application that you file for yourself for immigration benefits, you must qualify under one of the following categories:

  
  Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included in your petition as derivative beneficiaries
 
 Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children under 21 years of age and unmarried, including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition
  
 Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent

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