1275 Halyard Drive
Suite 200
West Sacramento, CA 95691
ph: (916) 443-2595
fax: (916) 443-2515
alt: (800) 444-8303
michael@mkarrassoc.com
BATTERED SPOUSE PETITIONS
Congress has enacted sweeping laws designed to protect undocumented and out of status persons in the US who have been the victims of domestic violence. The laws cover both battered spouses and children. The Violence Against Women Act (VAWA) provides protection for abused spouses of U.S. citizens and lawful permanents residents and although the law refers to Violence Against “Women”, men, boys, and girls may also apply for relief under VAWA.
Generally spouses of U.S. citizens or lawful permanent residents who are not abused, but whose children are abused may qualify as well. Even "intended spouses" such as a spouse who entered a bigamous marriage in good faith may also self-petition under VAWA.
The law also covers abused parents of U.S. citizen children and abused children of U.S. citizens or lawful permanent residents. Abused children of U.S. citizens may self-petition up to the age of 25 if the primary reason for the delay in filing was abuse by the U.S. citizen parent.
An immigrant is still eligible to self-petition within two years after: The death of his or her U.S. citizen abuser, divorce (divorce after filing the VAWA petition does not negatively impact the outcome of the case), and even deportation of the abuser but only where there is a connection between the deportation and the domestic violence.
The applicant for a self petition battered spouse case must have entered into a legal, good-faith marriage with the betterer with exception noted above, been the victim of battery or extreme cruelty by abuser have lived with the abuser in the US and with exceptions, have been a person of good moral character.
Copyright 2016 Michael P. Karr & Associates. All rights reserved.
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1275 Halyard Drive
Suite 200
West Sacramento, CA 95691
ph: (916) 443-2595
fax: (916) 443-2515
alt: (800) 444-8303
michael@mkarrassoc.com