Domestic Violence Victim

If you are in the United States and not a citizen, you are still protected under the VAWA (Violence Against Women Act). This was put into law to ensure police and law enforcement, including ICE, must focus to ensure your safety and well-being during this time and not focus on removing you from the United States. If you are being abused by your U.S. Citizen or Lawful Permanent Resident (“green card”) Spouse, Parent, or Child (over 21) OR your child is being abused by his or her U.S. Citizen or Lawful Permanent Resident (“green card”) Parent, our domestic violence immigration lawyer and VAWA can help you escape violence and gain legal permanent status.

If you are the victim of domestic abuse or violence, self-petitioning for permanent status may be an option for you.

Our domestic violence immigration lawyer would start by applying for an “I-360“. Evidence must be provided for the form and to obtain this status.

If you have been abused by your spouse, you can self-petition for status if:

* You are legally married to a U.S. citizen or permanent resident abuser OR you _believed_ that you were legally married to your abusive
U.S. citizen or permanent resident spouse but the marriage was not legitimate;

* You have suffered battery/extreme cruelty by your U.S. citizen or

permanent resident spouse:

* You have been abused by your U.S. citizen or permanent resident spouse, or

* Your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse;

* You entered into the marriage in good faith, which means you did not get married solely for immigration benefits;

* You have lived with your spouse;

* You are a person of good moral character, which often means a person who has not broken any US laws or committed any serious crimes.

If you have been abused by your parent, you can self-petition for status
if:

* You are the child of a U.S. citizen or permanent resident abuser;
* You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent;

* You have resided with your abusive parent; and

* You are a person of good moral character, which often means a person who has not broken any US laws or committed any serious crimes. A
childless than 14 years of age is presumed to be a person of good moral character.

If you have been abused by your child, you can self-petition for status
if:

* You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed;

* You have suffered battery or extreme cruelty by your U.S. citizen son or daughter;
* You have resided with the abusive son or daughter; and
* You are a person of good moral character, which often means a person who has not broken any US laws or committed any serious crimes.

(via masslegalhelp.org [1]) 

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