How to Deal with Your Immigration Status if You are Being Abused
Check if you qualify., Confirm you are living in the U.S. You can only apply for legal status if you are currently living in the United States., Gather supporting information., Obtain the petition., Complete the petition., Submit your application.
Step-by-Step Guide
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Step 1: Check if you qualify.
Generally, people qualify for a green card when a family member petitions on their behalf.
However, you can petition yourself under the Violence Against Women Act (VAWA) if you are suffering from domestic violence from any of the following:a spouse or former spouse who is a citizen or permanent resident a child who is a citizen a parent who is a citizen or permanent resident -
Step 2: Confirm you are living in the U.S. You can only apply for legal status if you are currently living in the United States.
Three narrow exceptions exist if at the time of filing you are living abroad:
Your abuser is a U.S. government employee.
Your abuser is a uniformed service member.
Your abuser subjected you to extreme cruelty or battery in the United States. , Both men and women qualify to petition for legal status because of abuse.
You should gather helpful evidence to show USCIS, such as photocopies of the following:
Evidence your abuser is a U.S. citizen or lawful permanent resident.
For example, a copy of their naturalization certificate or green card.
Marriage certificates, divorce decrees, birth certificates, or other proof of your legal relationship to the abuser.
Proof you and the abuser lived together.
For example, rental or mortgage documents, school records, medical records, etc.
Evidence of the abuse.
Find reports and affidavits from judges, police, social workers, school officials, clergy, or others.
Also submit a copy of any order of protection.
Proof of good moral character.
If you are 14 or older, then get copies of local police clearance and state-issued criminal background checks.
Get clearances from every place you have lived for at least six months in the past three years.
Evidence that you entered your marriage in good faith, e.g., one spouse listed on the other’s insurance policies. , You can self-petition using Form I-360, Petition for Widow(ers)s, Amerasians, and Special Immigrants.
The form is available for download from the USCIS website here: https://www.uscis.gov/i-360.
Make sure to download the instructions as well.
These will help you fill out the form.
You can also call 1-800-375-5283 and get a form mailed to you.
You should never pay anyone for forms. , Type the information into the form or print neatly using black ink.
Answer all questions and type “N/A” if something doesn’t apply to you.
If you need extra space, then attach a separate sheet of paper and print your name and Alien Registration Number at the top of the sheet.
Also clearly identify the part your additional information relates to.
Form I-360 will ask for the following:full name mailing address Alien Registration Number (if you have one) Social Security Number or IRS Tax Number (if you have one) an alternate address where you can have notices sent the reason for your request (e.g., “VAWA Self-Petition Parent of a U.S. citizen son or daughter”) date of birth country of birth marital status information about your travel to the U.S. information about your family information about your abuser (e.g., name, date of birth, country of birth) address where you lived with your abuser your signature , Gather your completed form and supporting documents and put them in an envelope.
You do not have to include a filing fee.You can call 1-800-375-5283 to find out where to file.
Sometimes USCIS will contact people to request more information or to schedule an interview.
You should comply promptly.
You will receive notification in writing of any decision. -
Step 3: Gather supporting information.
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Step 4: Obtain the petition.
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Step 5: Complete the petition.
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Step 6: Submit your application.
Detailed Guide
Generally, people qualify for a green card when a family member petitions on their behalf.
However, you can petition yourself under the Violence Against Women Act (VAWA) if you are suffering from domestic violence from any of the following:a spouse or former spouse who is a citizen or permanent resident a child who is a citizen a parent who is a citizen or permanent resident
Three narrow exceptions exist if at the time of filing you are living abroad:
Your abuser is a U.S. government employee.
Your abuser is a uniformed service member.
Your abuser subjected you to extreme cruelty or battery in the United States. , Both men and women qualify to petition for legal status because of abuse.
You should gather helpful evidence to show USCIS, such as photocopies of the following:
Evidence your abuser is a U.S. citizen or lawful permanent resident.
For example, a copy of their naturalization certificate or green card.
Marriage certificates, divorce decrees, birth certificates, or other proof of your legal relationship to the abuser.
Proof you and the abuser lived together.
For example, rental or mortgage documents, school records, medical records, etc.
Evidence of the abuse.
Find reports and affidavits from judges, police, social workers, school officials, clergy, or others.
Also submit a copy of any order of protection.
Proof of good moral character.
If you are 14 or older, then get copies of local police clearance and state-issued criminal background checks.
Get clearances from every place you have lived for at least six months in the past three years.
Evidence that you entered your marriage in good faith, e.g., one spouse listed on the other’s insurance policies. , You can self-petition using Form I-360, Petition for Widow(ers)s, Amerasians, and Special Immigrants.
The form is available for download from the USCIS website here: https://www.uscis.gov/i-360.
Make sure to download the instructions as well.
These will help you fill out the form.
You can also call 1-800-375-5283 and get a form mailed to you.
You should never pay anyone for forms. , Type the information into the form or print neatly using black ink.
Answer all questions and type “N/A” if something doesn’t apply to you.
If you need extra space, then attach a separate sheet of paper and print your name and Alien Registration Number at the top of the sheet.
Also clearly identify the part your additional information relates to.
Form I-360 will ask for the following:full name mailing address Alien Registration Number (if you have one) Social Security Number or IRS Tax Number (if you have one) an alternate address where you can have notices sent the reason for your request (e.g., “VAWA Self-Petition Parent of a U.S. citizen son or daughter”) date of birth country of birth marital status information about your travel to the U.S. information about your family information about your abuser (e.g., name, date of birth, country of birth) address where you lived with your abuser your signature , Gather your completed form and supporting documents and put them in an envelope.
You do not have to include a filing fee.You can call 1-800-375-5283 to find out where to file.
Sometimes USCIS will contact people to request more information or to schedule an interview.
You should comply promptly.
You will receive notification in writing of any decision.
About the Author
Kayla Webb
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