Abused/Battered Spouse Under the Violence Against Women’s Act
(VAWA)
The U visa is a Non-Immigrant, Temporary Visa
Allows a non-United States citizen crime victim, who has suffered substantial physical or mental abuse resulting from certain forms of criminal activity and who cooperates in the investigation or prosecution of the criminal activity, to remain in the United States for up to four years.
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You May Self- Petition under the VAWA Act for a Green Card
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency as victims of an abusive spouse or parent. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.
Who is Eligible?
To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:
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Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
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Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.
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Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.
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