SELF-PETITION FOR BATTERED SPOUSE
By Reuben S. Seguritan
An alien generally needs to be petitioned by a family member who is either a US citizen or lawful permanent resident in order to immigrate to the US. One exception to this general rule refers to a battered spouse.
An alien who is battered or abused by his/her US citizen or lawful permanent resident spouse may self-petition under the Violence Against Women Act (VAWA). The law does not define the term “battered spouse” but the abuse suffered by the alien can range from actual physical abuse to extreme mental cruelty.
To be eligible to self-petition under the VAWA, the alien must meet certain requirements. First, the alien must have entered into the marriage in good faith. Second, the alien or his/her child must have been battered or abused by the US citizen or lawful permanent resident spouse Third, the battered spouse and the US citizen or lawful permanent resident are living or must have lived together in the past.
Fourth, the alien is currently residing in the US or if residing abroad, the abusive spouse is either a US government employee or subjected the alien to abuse in the US. Fifth, the alien is a person of good moral character. Lastly, the abusive spouse is a US citizen or lawful permanent resident both at the time the petition is filed and when it is approved, or the abusive spouse lost his US citizenship or lawful permanent resident status because of domestic violence.
The unmarried children of the abused spouse who are under 21 may be included as derivative beneficiaries.
If the alien sufficiently establishes that s/he had obtained a divorce as a result of the abuse by the US citizen or lawful permanent resident spouse, s//he may still self-petition even if s/he is already divorced at the time the petition is filed. However, if the alien spouse remarries before the petition is filed or approved, the petition will be denied. Remarriage after approval of the petition has no effect on the approval.
A battered child may self-petition if s/he meets certain conditions. First, the alien must be unmarried and less than 21 or qualify as a child under certain provisions when the petition is filed and approved; second, the abusive parent is a US citizen or lawful permanent resident when the petition is filed and approved; third, the abusive parent is currently living in the US or if abroad, the abusive parent is a US government employee or subjected the child to abuse in the US; fourth, the child lived with the US citizen or lawful permanent resident parent and was abused at that time; fourth, the alien is of good moral character.
A battered parent may also self-petition if he/she was abused by his/her US Citizen child.
To self-petition, the alien must fill in Form I-360 and file it with the Vermont Service Center. Supporting documents may include police records, 911 transcript, medical/hospital records, shelter records, psychological records and reports, school records, photographs, and a statement from police