Undocumented victims of domestic violence who have been battered or abused by their U.S. spouses or parents can apply for a U.S. Green Card without help of the abuser. Usually, relatives of U.S. citizens and U.S. lawful permanent residents (green card holders) can apply for a Green Card only if their U.S. family member files a family visa petition. Some U.S. citizens and lawful permanent resident use this advantage to control their undocumented family members, especially spouses. However, immediate relatives of a U.S. citizen or U.S. lawful permanent resident who have been abused or battered by their U.S. family member are not required to have a family visa petition. Under provisions of the Violence Against Women Act (VAWA), they can apply for a Green Card through the self-petitioning process and without help from their abusive U.S. family members. The Violence Against Women Act provides immigration relief for the following categories of victims of domestic violence:
Abused or battered wives or husbands of U.S. citizens and U.S. lawful permanent residents
Abused or battered former wives or husbands of U.S. citizens and U.S. lawful permanent residents
Abused or battered children of U.S. citizens and U.S. lawful permanent residents
Abused or battered step-children of U.S. citizens and U.S. lawful permanent residents
Abused or battered parents of U.S. citizens
Domestic violence involves physical and sexual abuse as well as psychological abuse, such as threats to commit certain violent acts. Victims of domestic violence who do not have a legal status in the U.S. or those who have violated U.S. immigration laws may qualify for a Green Card if they meet the eligibility requirements.
The process of obtaining a green card for an abused immigrant consists of two steps. First, the abused immigrant has to file a self-petition. The second step is to either apply for Adjustment of Status or go through Consular Processing. Abused immigrants who reside in the U.S. need to apply for a green card at a U.S. Citizenship and Immigration Services center in the U.S. This process is called Adjustment of Status. Abused immigrants who lived with their abusers in the U.S. (or in some cases never lived in the U.S.) but now reside in their home countries have to apply for a green card at the nearest U.S. embassy or consulate and go through Consular Processing. For more information, please visit http://usimmigration-services.com/website.