Obtaining Green Card Through Self-Petition

Aliens who are battered or subjected to extreme cruelty may obtain their green card by filing a self petition without the assistance of their abuser.

A self petition may be filed by an alien who is (or was) married to a U.S. citizen or lawful permanent resident or a child of that alien, if during the marriage, the alien or his/her child was either battered or subjected to extreme cruelty by the spouse. It may also be filed by the parents of the abusive U.S. citizen who is at least 21 years old.

The first step in the process is the submission of Form I-360 to the Vermont Service Center. When it is approved, and a visa number is available, the self-petitioner may file for adjustment of status if he/she is in the U.S. or for immigrant visa if he/she is abroad.

Self petitioners who are immediate relatives of U.S. citizens or whose priority dates are current may be given employment authorization. Those who have to wait for visa numbers may apply for deferred action and employment authorization after their I-360 is approved.

The self-petitioner must include documents to prove the following: (1) the abuser is (or was) a lawful permanent resident or U.S. Citizen; (2) the alien married the abuser in good faith; (3) the battery or extreme cruelty occurred during the marriage; (4) the self-petitioner resided with the abuser; and (5) the self-petitioner has good moral character.

In proving the abuse, any credible evidence is acceptable. In evaluating the evidence, the United States Citizenship and Immigration Services (USCIS) takes into consideration the difficulties encountered by victims in obtaining documentation.

The self-petitioner should submit an affidavit detailing the abuse. The affidavit should narrate all the instances of abuse and when and where they happened. The description of each abuse should be specific. Was the self-petitioner hit, or forced to have sex, or emotionally abused? Did the abuser threaten to hurt his/her children? Did he/she threaten to report the self-petitioner to the USCIS? Did the abuser engage in a pattern of extreme cruelty or physical abuse?

Evidence that may be submitted include medical records; photographs of physical injury; police records; school records; and affidavits of friends, relatives, neighbors and co-workers.

Reports from a mental health counselor should be submitted especially if the abuse was not physical.

Self-petitioning children or parents must provide documentation of their relationship with the abuser.

If the self-petitioner has a pending I-130 (relative petition) and I-485 (adjustment of status application) and the abuser refuses to attend the adjustment interview, the self-petitioner may ask the USCIS officer to withhold the adjudication of the I-485 application pending resolution of the self-petition.

If the self-petitioner is in removal proceedings but is eligible for self-petition, the Form I-360 should be filed immediately and he/she should ask the government attorney handling the case to end or postpone the removal proceedings.