[Derechos del cónyuge, hijos y padres maltratados – Parte 2 – Una versión en español está disponible al final de esta página web]
Can Battered Spouses, Children and Parents Get a Green Card? Yes!
Immigrants have a right to live free from abuse and have special immigration benefits. As an abused spouse, child, or parent, of a U.S. citizen or permanent resident (green card holder), you can file an immigrant visa petition without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. These benefits are stated in the Violence Against Women Act (VAWA.)
You can read about types of abuse and who is eligible to file an immigrant visa petition in our previous newsletter here. En Español.
What is the filing process?
We must submit applications in order for you to get your green card. Once your applications are filed, the Department of Homeland Security will perform a background check on you. You will be also be granted a work permit while we wait for your case to be processed. In the final stages of your case, we will prepare and accompany you to your interview with the Department of Homeland Security. Once your case is approved you will then receive your green card.
Can A Man File A Petition for Himself?
Yes, this applies equally to victims of either sex as stated in the Violence Against Women Act. In fact, we have successfully helped men who were abused by their wives over the years. Also, if you are in a same sex marriage, you have the same rights as a heterosexual marriage, all your immigration rights are exactly the same.
I entered the U.S. illegally, am I still eligible to obtain a green card as an abused spouse through VAWA?
Yes! USCIS announced a nationwide policy in April 2008 confirming that survivors who entered the U.S. illegally are still eligible for permanent residence (green card) and do not have to leave the U.S. to try to obtain a green card at a consulate abroad. We encourage you to call us to discuss your situation, to make sure you are still eligible, especially if you have had multiple illegal entries or have a complicated immigration past. We are here to listen. We are here to help if you need us.
Can A Divorced Spouse Qualify?
Yes. you qualify if the marriage was terminated within 2 years prior to the date of filing, if the marriage was terminated because of the abuse. Usually, we prefer to file your application while you remain legally married but separated from your spouse.
We are here to help.
If you are in an abusive relationship, we understand it can be hard to reach out for help. We are a safe place and we respect all cultures, religions, sexual preference and lifestyles. We do not discriminate against any person. Our mission is to provide both legal and emotional support to victims and their families who suffer abuse and help them live fulfilling lives in the United States. In fact, we have referred our clients to counselors and domestic violence shelters who can help them overcome the abuse while we handle the immigration case. Call us today at (404) 800-9086.
Zaira Solano
Founder, Solano Law Firm
