Their plight is all too common in today’s society. Many women suffer silently in the shadows, hurt and confused, wondering why the man they married has raised his voice and fist in meaningless rage against them. He slaps her face, pulls her hair, calls her names, and oftentimes threatens to take her life. She’s afraid to call the police or confide in a friend; afraid he will attack her again or to take away the kids. Pursuant to the Violence Against Women Act and the Battered Immigrant Women Protection Act of 2000, individuals who have suffered verbal, emotional or physical abuse by either their United States citizen or Lawful Permanent Resident spouse, may qualify to self-petition to attain lawful permanent residency (a “green card”) in the United States.
Typically, before a noncitizen can apply for an immigrant visa based upon family ties, the United States Citizenship and Immigration Services must first approve the alien relative petition, confirming that the necessary family relationship exists. In 1994, Congress passed the Violence Against Women Act (VAWA), permitting alien battered spouses and children of U.S. citizens and legal permanent residents to petition on their own behalf rather than relying upon the abusive spouse/parent. Through the filing of self-petitions, victims no longer have to wait for their abusers to assist them obtain Social Security, a driver license, work authorization and eventual legal status in the U.S. The self-petitioning spouse must show that she entered into the marriage in good faith, and was battered by or has been the subject of extreme cruelty by the citizen or legal permanent resident spouse. With certain exceptions, she must also show that she currently lives in the U.S. and prove past or present residence with the abuser. A showing that she is a person of good moral character is also required.
It is also a common occurrence where undocumented children under the age of 21 suffer “extreme cruelty,” including psychological, emotional or physical abuse by their U.S. citizen or lawful permanent resident parent. In some cases, the child is not a victim of domestic violence, yet is eligible as a derivative beneficiary of his or her noncitizen parent’s VAWA self petition. VAWA requires evidence documenting that the child resided with the U.S. citizen of lawful permanent resident abuser, and that the child has good moral character. Children under the age of 14 are presumed to have good moral character; while those who are over the age of 14 require such proof as police clearance letters. By filing a self-petition, these children may receive work authorization, receive public benefits, and eventual permanent residency in the U.S.
Pursuant to the Battered Immigrant Women Protection Act of 2000, bigamous marriages, death of the abuser, and remarriage of self-petitioner are no longer bars to permanent residency. The 2000 Act also preserved self-petitioning eligibility even though the alien may have divorced the abuser at the time of filing the petition. However, the spouse must show the battering or cruelty “led to” or caused divorce and must file the petition within two years of divorce. If the noncitizen is placed in removal proceedings, she may be eligible for “cancellation of removal” under VAWA. If she qualifies for cancellation, the court may waive her deportation, and grant her lawful permanent residency.
It is important for individuals to first consult an experienced immigration attorney regarding the filing of self-petitions under VAWA. At the Law Offices of Vincent W. Davis & Associates, we provide free, confidential consultations and flexible appointment scheduling. We take pride in providing abused women and children competent legal representation and the tools necessary for them to get back on their feet and become self-sufficient members of the community.
