Violence Against Women Act

Domestic Violence and Abuse as a Abstract

There are provisions to allow immigrant victims of domestic violence, physical and/or  psychological to obtain immigration relief independent of their abusive spouse or parent through a process called “self-petitioning.” Those who are married to a U.S. citizen are treated to a speedier process than those who married a green cardholder. But both get protection from deportation and can remain while their case is pending and when successful obtain green cards. Those who are or were married to a U.S. citizen can apply for relief due to domestic violence and file to register for permanent residency, which includes filing for a work permit. Those who are or were married to a green card holder can only apply for relief through Form I-360 and must first be approved for that before they can file to register for permanent residency, which includes filing for a work permit. In both categories, the abused spouse is protected from deportation.

The applicant must be of good moral character and must provide significant evidence of the abuse by police and incident reports, eyewitness statements, photographs,  and by affidavits.

Even men who are immigrants can apply for a green card under this category if they are victims of the same type of abuse by their U.S. citizen wives or permanent resident wives. Alex Barak has successfully handled men as victims of female abuse. But the overwhelming majority of cases are with women as the victims.


Contact an experienced Immigration attorney, Alex T. Barak can help you today.


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