- If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C.
Q. Can A Man File A Petition For Himself Under The Violence Against Women Act?
- Yes, VAWA applies equally to victims of either sex.
Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?
- Effective Oct. 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:
- You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.
- Your abusive spouse died within 2 years of filing the petition.
- Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence
- Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty.
The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision.
- Yes. Effective Oct. 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A abused spouse who cannot demonstrate such a connection may be eligible for abused spouse cancellation of removal. To qualify for abused spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.
Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.
- If you are the beneficiary of a Form I-130, Petition for Alien Relative, filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a Green Card.
Q. Can Anyone Else Assist Me?
- If you need additional advice, you may contact the USCIS field office nearest your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see the Find a USCIS Office page for more information on contacting USCIS offices. In addition, see the Finding Free Legal Advice page.
You should also know that help is available to you through the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 [TDD]. The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status. As a battered 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 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website. Those Eligible to File
- Spouse: 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 also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also 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.
Eligibility Requirements for a Spouse
- Qualifying spousal relationship:
- You are married to a U.S. citizen or permanent resident abuser or
- your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
- your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
- you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
- You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
- You have been abused by your U.S. citizen or permanent resident spouse, or
- your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
- You entered into the marriage in good faith, not solely for immigration benefits.
- You have resided with your spouse.
- You are a person of good moral character.
Eligibility Requirements for a Child
- Qualifying parent/child relationship:
- You are the child of a U.S. citizen or permanent resident abuser, or
- you are the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
- You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.
- You have resided with your abusive parent.
- You are a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.
Eligibility Requirements for a Parent
- Qualifying parent/son or daughter relationship:
- You are the parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or
- you are the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or
- you are the parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.
- You have suffered battery or extreme cruelty by your U.S. citizen son or daughter.
- You have resided with the abusive son or daughter.
- You are a person of good moral character.
Working in the United StatesIf you have an approved Form I-360, you are eligible to apply to work in the United States. In addition, if you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. Your children may also apply for work authorization. |
