Transparent Justice Law Firm

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Support for Victims of Domestic Violence

I am a victim of domestic violence. Can I still apply for my residency through my spouse, parent or child?

Yes, you may be able to independently petition for yourself without the abuser’s knowledge, consent or participation in the process. The U.S. government does not tolerate the misuse of the immigration process to abuse non-citizens. If you are being threatened by your spouse, parent or child that they will withhold or withdraw an immigration petition in an attempt to control, coerce or intimidate you Transparent Justice may be able to help. 

The Violence Against Women Act, or VAWA, was created in 1994 to protect non-citizens who have been abused by their U.S. citizen or green card holder spouse, parent or child to apply for immigration relief on their own. To be eligible for VAWA, an applicant must: 

  • Be the spouse, parent or child of a U.S. citizen lawful permanent resident abuser (You may even qualify if your spouse has died, you are divorced, your spouse lost his/her residency status or your marriage was not legal but you believed it to be.);  
  • You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative; 
  • You are or have resided with your abusive U.S. citizen or lawful permanent resident relative; and
  • You are a person of good moral character. 

If you are applying based upon your marriage, you will also need to show that you entered into the marriage in good faith and not for the purpose of immigration benefits. If you are in this situation, or have further questions about it, please contact Transparent Justice to help you with your immigration process. You can also seek out assistance by calling the National Domestic Violence Hotline at 800-799-SAFE (7233) or 800-787-3224 (TTY). The hotline provides immediate assistance such as local resources, shelters, medical services and more.