What is the objective of the Violence Against Women Act?
The Act allows battered spouses and children of U.S. citizens and permanent residents to submit their own petition for alien relative to the Immigration and Naturalization Service and, if approved, to apply for adjustment of status to permanent resident.


What are the requirements for an abused spouse to file her own petition with the Immigration and Naturalization Service?

• The abusive spouse must be a U.S. citizen or permanent resident of the United States;
• The self-petitioner musts prove good moral character for the three years immediately preceding the filing of the self-petition;
• The self-petitioner must have resided in the U.S. with the U.S. citizen or permanent resident abuser;
• The self-petitioner must have been battered or subjected to "extreme cruelty" by the U.S. citizen or permanent resident spouse during the marriage; and
• The self-petitioner must still be married to the permanent resident or U.S. citizen spouse when the petition is filed with the INS Service Center (Possible exception available).

Can the petition and applications for adjustment of status be filed at the same time?
No. The petition with the INS Service Center must be approved before the application for adjustment of status is filed with the local INS office.


May the self-petitioner be able to obtain permanent residence if she was not abused but her child was abused by the permanent resident or U.S. citizen?
Yes. The self-petitioner may still obtain her permanent residence even if she was not abused by the permanent resident or U.S. citizen spouse.


Is the self-petitioner required to reside with the abuser when the petition is filed?
No. The self-petitioner may have a separate residence from the abuser when she files the petition with the INS Service Center.


Is the self-petitioner required to reside in the U.S. when he/she files the petition with the INS Service Center?
No. The Violence Against Women Act states that the self-petitioner spouse does not have to be residing in the U.S. when the petition is filed..


May the self-petitioner still be eligible to file her own petition even though he/she is not married to the U.S. citizen or permanent resident abuser?
Yes. Battered spouses remain eligible for self-petitioning benefits even if the marriage was terminated in the past two years provided the termination was "connected" to domestic violence.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Please note that information as well as government fees are subject to change without notice. For current fees and information contact the respective government agency directly.