A person may become a permanent resident if she or a child qualifies under the Violence against Women Act.
The Violence Against Women Act (VAWA )allows spouses and children of U.S. citizens or lawful permanent residents (LPRs) to self-petition to obtain a green card. VAWA allows certain battered immigrants to self-petition without the abuser’s assistance.
In order to qualify for this relief, the foreign national must demonstrate that the child or the spouse resided with the US citizen or permanent resident; was battered or was subject to extreme cruelty during the marriage. In case of a child the child was battered or subject to extreme cruelty. The spouse must show that she entered the marriage in good faith and that is otherwise eligible as an immediate relative or preference status and has good moral character. The child can qualify even if there was no marriage or even that the marriage be entered into in good faith.
An The Law Office of Andy Miri Immigration Attorney can assist you as you attempt to obtain relief under VAWA by helping you submitting the needed documents to USCIS. This VAWA relief is an uphill challenge that requires significant documentation but may be a possibility that some abused women may wish to explore.
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