Special Immigrant Abused Spouse, Child, or Parent Under VAWA

Special Immigrant Abused Spouse, Child, or Parent Under VAWA

In General

As a abused spouse, child, or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing

The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.

Help is also available from the National Domestic Violence Hotline at (800) 799-7233 (TTY:(800) 787-3224). For more information, visit the National Domestic Violence website.

Eligibility

The following people are eligible to apply for a Green Card under this category:

  • Spouses: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your unmarried children who are under 21 if they have not filed for themselves;
  • Parents: You may file if you are the parent of a U.S. citizen who has abused you;
  • Children: You may file for yourself if you are unmarried, under 21, and have been abused by your U.S. citizen or permanent resident parent. You may also include your children on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

FAQS

How long does the immigration process typically take?

The duration of the immigration process can vary widely depending on the type of visa or immigration benefit you are seeking. For instance, family-based immigration and employment-based immigration have different processing times. On average, it can take several months to several years to complete the immigration process. It's crucial to consult with our experienced attorneys who can provide a more accurate estimate based on your specific circumstances and visa category.

Can I apply for a green card while on a non-immigrant visa like a work or student visa?

Yes, in many cases, you can apply for a green card (permanent residency) while on a non-immigrant visa. This process is known as "adjustment of status." However, eligibility criteria and procedures vary depending on your specific visa type and circumstances. Our attorneys specialize in helping individuals navigate this transition smoothly, ensuring you meet all requirements and deadlines to secure your green card while maintaining your legal status in the United States.

What happens if my visa application is denied?

Visa denials can be disheartening, but they are not necessarily the end of your immigration journey. The next steps will depend on the reasons for the denial and the type of visa you applied for. In many cases, you may have the option to appeal the decision or reapply with additional documentation. It's essential to seek professional legal advice immediately after a denial to explore your options. Our experienced attorneys have successfully assisted clients in overcoming denials and achieving their immigration goals through strategic legal actions.