As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge.
- 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.
Every claim has to be well-founded, i.e, supported by supporting documents. The abuse can be verbal and should be witnessed. Also, whether marriage was entered into good faith requires expertise to prove. Remember, marriage certificate does not mean the marriage is valid in the eye of immigration law. Many other documents are required to prove that the marriage is not entered into for immigration benefits only.
You have one shot. You are advised to count on expertise of an experienced immigration lawyer to prove your case.
If you contact us, we will listen to you carefully and will advise you based on our knowledge of law and experience in proving case of this sort. We will help you to be on your own feet.