Battered Spouse Petitions
Atlanta VAWA Battered Spouse Petition Lawyer
Preparing a Battered Spouse Petition
VAWA stands for Violence Against Women Act. VAWA is a federal law which allows a
Atlanta VAWA Battered Spouse Lawyer : A woman or man who is married to an abusive US citizen or lawful permanent resident to apply for lawful permanent resident status independently from their abusive US citizen or lawful permanent resident spouse.
To be eligible for VAWA self petition, you must be legally married to your abuser spouse. You must have entered into the marriage in good faith. Your abuser spouse must be a US citizen or a lawful permanent resident. Alien children of abusive US citizen parent or lawful permanent resident can also file a VAWA self petition. You must be residing in the US or must have resided in US with the abusive US citizen or lawful permanent resident in the past. You must have been battered by or be the victim of extreme cruelty perpetrated by the abusive US citizen or lawful permanent resident and you must be a person of good moral character.
The VAWA self petition must be made on USCIS Form 1-360 Petition for Amerasian, Widow(er) or Special Immigrant. Generally when you apply for a green card as a spouse of a US citizen or lawful permanent resident, your US citizen or lawful permanent resident spouse must sponsor your application by filing USCIS Form I-130 Petition for Alien Relative. But when you file a VAWA self petition, there is no requirement for a sponsor. Your US citizen or lawful resident spouse has no role to play in your application. The completed application must be submitted to the USCIS Vermont Center. There is no fee for a VAWA self petition. You must provide evidence of the following along with your application: Atlanta VAWA Battered Spouse Petition Lawyer
- the US citizenship or lawful permanent resident status of the abuser
- your marriage to the abuser – marriage certificates,
- that you and the abuser stayed together in the past or are staying together
- evidence of abuse
- good moral character – if you are over the age of 14 you must also provide local police clearance or state issued criminal background check from each locality where you have resided for 6 or more months in the last three years.
The USCIS will notify you of its decision. If your petition is approved, then depending on where you are located you can apply for change of status or consular processing. If your abusive spouse or parent is a green card holder, then you must wait until your priority date becomes current. Your priority date is the date on which the USCIS receives your petition.
To know what is VAWA and whether you are eligible, talk to an experienced US immigration attorney. To be eligible, the marriage must be legally valid and entered into in good faith. You must meet certain residency requirements – you must be a living in the US or lived in the US with your abusive spouse in the past. Alien children who are victims of abuse by the US citizen or green card parents can also apply for a green card independently. Call our Atlanta VAWA Battered Spouse Petition Lawyer today