If you are in abusive relationship with someone who is a Legal Permanent Resident or United States citizen and who refuses to file a petition for you in order to become a Legal Permanent Resident, then you may be eligible to apply on your own under the law known as “VAWA”.
Although the law is entitled the “Violence Against Women Act” you do not need to be female to take advantage of its benefits. Many men are abused every single day by their spouses and may also qualify. Children of these abusers also qualify to adjust status. Other criteria that must be met include:
- The applicant currently reside in the U.S. or have resided in the U.S. with the citizen or lawful permanent resident abuser in the past
- The applicant has been subject to extreme cruelty or is a parent of a child who has been battered by or subject to the extreme cruelty inflicted by the U.S. citizen or Resident spouse during your marriage
- Possession of good moral character
- Removal or deportation would result in extreme hardship to the applicant or the child
- The marriage was entered into in good faith
Extreme cruelty can manifest itself into a variety of different forms. You do not have to physically beaten to have been subject to extreme cruelty.
A victim/survivor may be subject to mental, emotional and/or verbal abuse. All forms of abuse are recognized by USCIS.
Although police reports and temporary restraining orders are common as supporting evidence to the claims of extreme cruelty, these are not statutorily required. Affidavits and other documentation may serve to prove your case.
It is best to speak to a qualified immigration attorney in order for you to ensure that your application is prepared carefully and correctly.
The Law Office of Susan N. Rosti, Esq. has the experience you need plus a proven track record in representing immigration, deportation and related legal cases. Attorney Rosti specializes in this area of law and understands that an individual needs a lawyer to explain their options clearly and assist them in achieving the best resolution possible. Call The Law Office of Susan N. Rosti, Esq. today at 973.883.5977 to schedule a consultation today if you are facing immigration and / or deportation issues and need representation.