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Immigration Help for Abused Women & Children

Are you a victim of family violence, or is your spouse abusing your children? If your abusive spouse is a U.S. citizen or a permanent resident, help may be just around the corner.

Battered spouses, children and parents have the right to file an immigrant visa petition under the Immigration and Nationality Act (INA), and the provisions of the Violence Against Women Act (VAWA).

Under the VAWA provisions of the INA, certain victims of family or domestic violence, including spouses, children and parents of green card holders and U.S. citizens may file a petition for themselves without their abusive spouse’s knowledge.

The VAWA provisions are not just for female victims, they apply equally to men and women; they are permanent and are not subject to congressional reauthorization.

Eligibility Requirements

For spouses: If you are an abused spouse of a permanent resident or U.S. citizen, you may file for yourself. You can also file as an “abused spouse” if your child has been abused by your U.S. citizen or permanent resident husband or wife. If you have unmarried children under 21, you can include them if they haven’t filed for themselves.

For parents: If you are a parent of a U.S. citizen or a permanent resident, and your child has abused you, you may file.

Children: If you are unmarried, under the age of 21, and have been abused by your U.S. citizen parent or permanent resident parent, you may file for yourself. If you have children, they can also be included in the petition. You may file as a child before you turn 25 if you can show that the abuse is the reason for delaying the filing.

Can I work in the United States?

If your Form I-360 is approved and you’re placed in deferred action, you can apply to work by filing the Form I-765 Application for Employment Authorization.

If your Form I-360 is approved, any children that you listed on the approved Form I-360 will also be able to apply to work in the U.S. Further, if your Form I-360 is approved, you may be eligible to apply for a green card.

To learn more about immigration help for abused spouses, children and parents, contact a Plano immigration lawyer from The Zendeh Del Law Firm today!