| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most
common immigration questions. |  |
| 3. | What are the requirements to file a self-petition to obtain lawful permanent residency? |
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The self-petitioning spouse: | | |
| • |
Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related
to the abuse | | | • |
Must have been battered in the U.S. unless the abusive spouse is an employee of the U.S. government or a member of the uniformed services of the U.S. | | | • | Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to
extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage | |
| • | Is required to be a person of good moral character | |
| • | Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits |
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| | | | The self-petitioning child: | | |
| • | Must qualify as the child of the abuser as ‘child’ is defined in the Immigration and Nationality Act for immigration purposes |
| | • |
Any relevant credible evidence that can prove the relationship with the parent will be considered |
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| 4. | How do I file a self-petition to obtain lawful
permanent residency? | | | | | | To self-petition, you must complete and file Form
I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and include all supporting documentation. Self-petitions are filed with the Vermont Service Center and should be sent by certified return receipt mail, or any other method providing assurance of receipt.
Note: Sending the Form I-360 to any other USCIS office will delay your application. You should keep a copy of everything
you submit, including the application and all accompanying documents, in addition to the proof of mailing. |
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