Is Your Abusive Spouse Or Partner Threatening To Deport You?

Did you know that every minute, an average of 24 people are victims of rape, physical violence or stalking by an intimate partner in the U.S. That is more than 12 million women and men over the course of a single year.
Many victims often feel trapped and hopeless. This is especially true with immigrants who are married or dating a U.S. Citizen (USC) or a Lawful Permanent
Resident (LPR).
If you are a victim of domestic or dating violence, human trafficking, stalking, sexual abuse, etc. by a USC or LPR spouse, partner or child, VAWA (Violence Against Women’s Act) provides a lifeline for immigrant survivors of domestic violence by enabling them to escape abusive relationships and build new lives in the U.S.
Immigrant victims can self-petition to obtain lawful status without relying on their abusive partner. In other words, they can petition for immigration status independently, without the knowledge or consent of their abusive partners.
Some of the benefits an approved VAWA petition provides are:
• They receive protection from deportation
• They can work lawfully
• They become eligible to apply for a green card
• Can even include certain family members in their VAWA petition.
One may be eligible to apply for VAWA if:
• One is married to a U.S. Citizen (USC) or a Lawful Permanent Resident (LPR)
• One is a child of a USC or a LPR
• Applicant is the parent of a child who was abused by their USC or LPR parent
• They are a parent of a USC son or daughter and they were abused by them.
Evidence required to apply for VAWA?
You will need to demonstrate that:
• You are the spouse or child of a USC or LPR or the parent of a USC adult son or daughter.
Note: If the family member who abused you loses status, you might still be able to apply so long as you seek VAWA within 2 years of the person losing status.
• You were abused by the USC or LPR family member. Some examples of this include:
o Threatening to beat or terrorize you
o Emotionally abusing you, such as insulting you at home or in public
o Threatening to deport you or turn you over to immigration authorities, etc.
• Lived with the abused at some time.
Note: You don’t need to be still living with them in order to apply or show that you lived with them for certain amount of time
• You are legally married and that your marriage was entered into for more than just to obtain immigration status. AND Note: You may still be eligible to apply for VAWA even if you are now divorced so long as you apply for VAWA within 2 years of your divorce.
• You are a person of good moral character.
Even if the abuser dies, you can file a VAWA I-360 self-petition within two years of the death. If the marriage ends after a petition is filed, then it has no effect on the VAWA petition. However, if you remarry prior to the approval of the VAWA petition, the petition will be denied.
Preparing a compelling, well-organized set of evidence to support your VAWA self-petition can be time-consuming and challenging. Contact us so we can review your facts and see if you are eligible for VAWA and help you on your journey to independence from an abusive relationship.
Gita Avantsa
Chief Immigration Counsel
800 E. Northwest Hwy, Suite 205, Mt. Prospect, IL 60056
Tel: (847) 449 8660
Email: info@usimmigrationgroup.org