As you could see through this guide, this process can be quite complicated, causing additional stress for a victim of domestic violence.
Therefore, it is advisable to consider getting professional advice and support throughout the whole process. This is why it is good to trust an immigration attorney experienced with cases under the Violence Against Women Act.
Your lawyer will help you with the preparation of the paperwork and with monitoring your application as it flows through the system. View Larger Image. I f your spouse was abusive to you, you could still apply for U.
You may be eligible to apply for lawful permanent residence in accordance with The Violence Against Women Act, without the assistance of the abuser if you are abused by: Your spouse, a U.
VAWA imposes two steps to undertake in order to apply for a green card. You may file: A Form I and supporting evidence with U. Form I is used for different types of petitioners. Categories that may use it are: Amerasians, Self-petitioning battered spouses or children of U. To prove the grounds for petitioning and justify that you meet all the requirements of VAWA, you will need to include specific evidence such as: A declaration with the description of the relationship between the abuser and you, extreme cruelty you suffered, the good moral character that you entered the marriage in good faith, and all other facts you consider relevant; Additional evidence that will prove the abuse.
Here, you can provide all hospital or police records, protective orders issued by courts, or any other official document that will show that you have suffered the abusive behavior; Police clearance certificate.
This certifies needs to clarify whether you have a criminal record and other evidence that will prove your good moral character. Any police department in a town you have lived in during the last three years for more than six months can issue such a certificate.
Evidence that the abuser is a U. To prove this, it is enough to provide the marriage or birth certificate; Evidence that you lived with the abuser, and Proof that your current living place is in the United States. Thus, if you are currently out of the United States, you may also file the form but if: Your abusive spouse is an employee of the U.
Your spouse is a U. You have resided with your spouse. You have a good moral character. After you confirmed your eligibility, you need to get prepared for the process. Call now to request a consultation.
Related Posts. Most of Form I is pretty straightforward. However, there are a few things to consider. This is the address to where all USCIS notices will be sent, so be sure that you can receive mail at this address in the future. Part 3 asks for information about you. Enter only a valid Social Security number, if you have one.
You might not have an "A number," either; it's only given to people who've filed previous immigration applications or been in deportation proceedings. If you entered the U. Be sure to list all children in Part 5—yours, and if you are filing as the spouse of an abuser, the abuser's children also whether they're also yours or not.
Part 4 asks you to state whether you'd like to have your interview held at a U. This is appropriate if you yourself are living abroad. However, your first choice if you're in the U. Although not everyone is normally eligible to adjust status, owing to various bars such as for illegal entry, these bars are lifted for VAWA self-petitioners.
In addition to the form, you will need to include evidence that you meet all the requirements of VAWA. This evidence should include such items as:. It is also helpful to include a cover letter on top of the application describing how you meet each requirement and the evidence you have submitted to prove it.
The I page of the USCIS website contains complete submission instructions—but there's one important thing you need to figure out before you send it in. Are you the immediate relative of your abuser the spouse, parent, or minor, unmarried child of a U. If your petitioner had previously submitted an I petition on your behalf, however, there's good news: You may retain your original and probably earlier priority date. Unfortunately, USCIS tends to take longer to decide on an I than an I, probably because it has to review all the included evidence.
It merely means you have completed the first step in the process of obtaining permanent residency, and must wait for a current priority date to continue. Most beneficiaries would simply be expected to leave the U. However, the U. USCIS may exercise discretion to place self-petitioners in a status called "deferred action," which simply that it won't try to deport you and that you'll be able to apply for a work permit while you wait.
Deferred action is granted in most cases, but only for a limited time period. You might need to renew it more than once before getting the green card. Talk to an attorney for the details and for help. Because of annual and per-country limits on visas for preference relatives, the self-petitioning spouse or child of an LPR might have to wait months or years for a visa number to actually become available, allowing them to move forward toward a green card. It's a first-come, first-served waiting list.
Your place on the list can be tracked using the priority date listed on the I Notice of Action. Until your priority date is current, you are not yet eligible to adjust your status on Form I Again, however, you may be given the original priority date if your petitioner filed an I on your behalf, in which case you might not have to wait as long to apply to adjust status.
Whether you're a preference relative with an approved I and a current priority date or an immediate relative who has prepared but not necessarily submitted your Form I, here's what you need to do next in order to adjust status to LPR or green card holder.
Despite the generic-sounding name, special immigrants are a somewhat unrelated selection of visa-eligible people found in U. It includes:. Each of these categories must meet its own special requirements in terms of eligibility and documentation, which you'll need to look into before applying.
As a first step the applicant, or petitioning organization, should fill out Form I, bearing in mind that several sections--those applicable to other categories of applicants--can be left blank.
In Part 1, you'll supply basic information about yourself. Don't worry if you don't have a USCIS Online Account number; only people who've filed certain sorts of applications in the past would have one.
Similarly, you should have a Social Security number only if you have or had a legal right to work in the United States. In Part 4, you will need to designate a U. Fill this in even if the immigrant lives in the U. Be sure to fill out Part 5, listing your spouse and children, regardless of which category you are applying in. They might be able to get green cards at the same time as you; or if not, you might be able to petition for them later which will be difficult if you did not reveal their existence in this application.
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