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Battered Spouse (VAWA)

If you are the victim of abuse by a spouse, child, or parent you are eligible to file a visa petition under the Violence Against Women Act (VAWA) amendment to the Immigration and Nationality Act. VAWA permits certain spouses, children and parents of U.S. Citizens or green card holders (lawful permanent residents) to submit a petition for themselves. The abuser will not be notified of the petition, which allows victims to safely seek independence from their abusers. VAWA eligibility is not limited to women and applies equally to men.

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Spouses, certain ex-spouses, children, and parents of U.S. citizens or green card holders are allowed by immigration law to confidentially and without being separated to apply for a green card when all of the following are true:

  1. You were the victim of battery and/or extreme cruelty from your U.S. citizen or green card holder relative.
  2. You and your abuser resided together.
  3. You have not been convicted of a serious crime and are a person of good moral character.

COMPLETE THE ONLINE FORM

Once you take our free, easy to understand eligibility quizzes, our system will choose the best option for you. After answering simple questions, the appropriate immigration form will be generated for you. Our step-by-step instructions will tell you what to do next, how much to pay and where to send your form.


How to Use

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Pass eligibility quiz

All our eligibility quizzes are prepared by experienced immigration attorneys and are easy to use and understand. It only takes several minutes to complete a quiz and find out if you all eligible to apply. If you pass the quiz we will automatically choose all required forms for your immigration case

Fill the forms

We provide you with all immigration forms you will need to submit to the USCIS and receive a positive result. Our forms are customised to ensure that you fully understand all questions and provide accurate answers in all required fields

Document Checklist

Once you fill out your immigration form(s) our system will generate a customized checklist of documents you will need to submit to the USCIS with your immigration case. You can easily upload your documents into our system and request an attorney review to ensure that they are accurate and sufficient

Why You Should Use USImmigrationForms.com

USImmigrationForms.com will be there for you every step of the way. We can promise:

  • No Mistakes. Simplified quizzes ensure that you understand the questions so that you can give complete and accurate answers.
  • No Guesswork About Forms. We automatically include all the forms that you need for your application. We even pre-fill information on the forms so you never enter the same information twice.
  • Your Progress will be Automatically Saved. You can save your progress anytime and come back later to finish without losing all your work.
  • Document Check list. Predefined and customized list of all supporting documents based on your immigration case and your answers.
  • Step by Step Instructions. We include everything from how to assemble your completed documents into a proper filing package, how to write the check to USCIS, and where you will need to mail your application for filing. We even provide with free shipping label (USPS).
  • Access from Your Mobile Device. On the go? No problem. Use our handy mobile app to keep working even when you’re not at home.
  • Quick and Easy Preparation. Use your phone to take pictures of your supporting documents and easily upload them to your file.
  • Certified Translation of Supporting Documents. You can upload your own translated copy or we can translate your required supporting documents into English. (Extra charges apply)

USCIS

Traditional method of filing

Do you know if you are eligible to apply?+-

NO, See USCIS Instruction

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NO, See USCIS Instruction

Do you know what documents and/or evidence to submit with your application?+-

NO, See USCIS Instruction

Do you know the amount of the government fee(s) you need to pay?+-

NO, See USCIS Instruction

Do you know where to file the your immigration package?+-

NO, See USCIS Instruction

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Fill out the N-400 form easily and quickly

Do you know if you are eligible to apply?+-

All our eligibility quizzes are prepared by experienced immigration attorneys and are easy to use and understand. It only takes several minutes to complete a quiz andfind outif you alleligible to apply. If you pass the quiz we will automatically choose all required forms for your immigration case.

Do you know what immigration form(s) to use?+-

We provide you with all immigration forms you will needto submit tothe USCIS and receive a positive result. Our Questionaries are customized to ensure that you fully understand all questions and provide accurate answers in all required fields.

Do you know what documents and/or evidence to submit with your application?+-

Once you fill out your immigration form(s) oursystem will generate a customized checklist ofdocuments you will needto submit to the USCIS with your immigration case. You can easily upload your documents into oursystem and request anattorney review toensure that they are accurate and sufficient.

Do you know the amount of the government fee(s) you need to pay?+-

Get detailed fees instruction andexample how write your check to USCIS

Do you know where to file the your immigration package?+-

Once your application ready tobe filed you will be provided with detailed instructions onwhere to file and FREE Shipping to USCIS from you home. Also what to expect after your case is filed with the USCIS.

“I never thought I could do this without some help. Thankfully for you, I did not have to.“

Sadia A.
PESHAWAR, PAKISTAN

Our online software makes it so easy to complete your immigration paperwork

Our online software makes it so easy to complete your immigration paperwork

General instruction by USCIS

Relatives of abusive U.S. citizen spouses, children, or parents have an immigrant visa number immediately available. Immigration allows for two ways to file your application for a green card.

First, you may file a form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with supporting evidence and submit the green card application after it has been approved. When you file this way, you avoid paying the green card application ($1,070.00) until you are approved and eligible since the fee paid to USCIS is non-refundable. By filing this way, however, you cannot apply and receive your work authorization until after the form I-360 is approved.

Second, you may file the form I-360 along with the form I-485, Application to Register Permanent Residence or Adjust Status, as well all supporting evidence. As stated above, by filing this way there is a risk that you will lose the filing fee if your I-360 is not approved. You should only file this way if you have strong supporting evidence of abuse, including police reports and medical records.

Relatives of green card holders only have one way to file and must submit the I-360 alone and wait for approval before filing a green card application.

I-360

The following evidence should be submitted with regardless of whether your are filing the I-360 petition alone or with a green card application:

  1. Sworn statement/declaration describing the abuse you suffered and your relationship with your abuser.
  2. Criminal background check, court records, police clearance records and/or other evidence that you are a person of “good moral character.”
  3. Copy of your passport or birth certificate. (If your birth certificate is not in English, you must also provide an English translation of the document).
  4. Proof of your abuser’s status as a U.S. citizen or green card holder.
  5. Proof of your relationship to your abuser.
  6. Proof that you resided with the abuser.
  7. Proof of the abuse your suffered. (Medical records and police reports are the strongest evidence).
  8. Proof of your current residence in the U.S.

I-485

If your relative is a U.S. citizen and you decide to file your green card application with the I-360 petition or if you have an approved petition, you should submit the follow documents:

  1. Copy of your birth certificate (If your birth certificate is not in English, you must also provide an English translation of the document).
  2. Form I-693, Report of Medical Examination and Vaccination Record.  This form must be completed by a civil surgeon and submitted to USCIS in a sealed envelope.
  3. Copy of your I-360 approval notice (If you are filing separate).
  4. Criminal record and court disposition showing outcome of any criminal charges against you.

While your green card application is pending you are eligible for work authorization, as well as permission to travel outside the U.S..  If you wish to obtain work authorization while the application is pending you should submit a Form I-765, Application for Employment Authorization.  A form I-131, Application for Travel Document, should also submitted with your green card application if you wish to travel outside the U.S. before receiving your green card.

Our online software makes it so easy to complete your immigration paperwork

Our online software makes it so easy to complete your immigration paperwork

Frequently Asked Questions

My conditional green card expires next month and my wife has started being very abusive towards me and is refusing to file a joint petition to remove the conditions on my green card. Am I eligible to file a VAWA petition by myself?

No. You may, however, file a I-751 petition requesting a waiver of the joint filing requirement based on the abuse you have suffered. If you decide to file with this waiver you will need to provide evidence of the abuse you have suffered, similar to what you would include with a I-360 petition.

My spouse has never been physically abusive towards me, however, he has schizophrenia and screams at me and calls me names. I am concerned that we will not make it to our marriage-based green card interview. Under VAWA would I be considered a battered spouse?

If the emotional abuse you have suffered from your husband amounts to extreme cruelty you may be eligible. “Extreme cruelty” is defined by USCIS as behavior that is used to dominate, control, and/or humiliate the victim and that victim has been dominated, controlled, and humiliated. USCIS will usually consider constant and consistent mistreatment as extreme cruelty. VAWA is your only option if you want to leave your husband due to the abuse you’ve been suffering.

I have recently filed my VAWA petition and divorced my U.S. citizen abusive spouse. I am now engaged to a new person. Can I get remarried to my fiancé while my petition is pending?

No. If you remarry while the petition is pending your I-360 petition will be denied. After the I-360 is approved, you are permitted to remarry.

I divorced my wife a year ago and did not know I could file a VAWA petition based on the way she treated me during our marriage. Is it still possible for me to file a petition?

Yes. You may file a I-360 petition within two years of the termination of your marriage so long as you are able to show that the end of your marriage was related to the battery or extreme cruelty you suffered. If you cannot show that it was related, you may be eligible for cancellation of removal. There are several requirements for battered spouse cancellation of removal including you must have been present in the U.S. for the 3 years immediately preceding your filing of the application for cancellation of removal and you must show that you or your child would suffer extreme hardship if you were removed from the U.S.

My divorce is pending and I intend to file VAWA petition and green card application. Can I still file even though I have not received my divorce papers yet?

Yes.  As of October 28, 2000, applicants are permitted to file a form I-360 while still married to the abusive spouse. Filing of a form I-360 when you are not still married to the abusive spouse is permitted only for the following exceptions:

  1. Your abusive spouse committed bigamy, but you believed you were legally married to your abusive spouse.
  2. There is a connection between the termination of your marriage and battery or extreme cruelty and the marriage was terminated within 2 years prior to the filing of the petition.  The divorce papers do not need to explicitly cite battery or extreme cruelty as the grounds for termination of the marriage.

Legal termination of the marriage usually won’t affect the status of your petition once it has been filed. USCIS rules do not reflect these changes by statute, however, they are required to follow the statute and for this reason your may wish to seek the assistance of an immigrant attorney or legal advocate.

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Our online software makes it so easy to complete your immigration paperwork

Our online software makes it so easy to complete your immigration paperwork

Usimmigrationforms.com is not a law firm. We do not provide legal advise or opinion to our customers. If you have a complicated case or need to receive a legal advise please consult with an experienced immigration attorney.

Immigration Advocacy Service

Immigration Advocacy Service

With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.

With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.

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info@usimmigrationforms.com

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