Domestic Violence Asylum

Any battered spouse, child, or parent may file an immigrant visa petition to seek domestic violence asylum. We’re here to help with the rest.

Under the Violence Against Women Act (VAWA), any battered spouse, child, or parent may file an immigrant visa petition to seek domestic violence asylum. According to the VAWA, certain spouses, children and parents of U.S. citizens and permanent residents are allowed to file a petition for themselves. Their abuser will not be notified that they have filed.

A spouse may file if you are or have been abused by a U.S. citizen or green card holder. On this petition, you may include any children under the age of 21, as long as they are unmarried. If your child has been abused by your spouse (who is a U.S. citizen or permanent resident), you may petition for them. You may also file if you have been abused by your son or daughter. If you are a child (under the age of 21) and unmarried, you may also file a petition for yourself.

Eligibility Requirements

In order to enter the United States as a battered spouse, child or parent, you must meet specific eligibility requirements. If you are the spouse of an American citizen and have been abused, you may file a petition without the abuser’s knowledge. In order to apply, you must be married to a permanent resident of the United States. You may also apply you were married to a permanent resident of the United States within the past two years. If the marriage was terminated by divorce or death, you may be eligible. To learn more about your rights as an abused spouse, talk to New York immigration attorney from our firm today.

If you are less than 21 years old and have suffered abuse by a parent who is a U.S. citizen or permanent resident, you may file a petition. This petition can be filed without your parents’ knowledge and you cannot file the petition any later than your 25th birthday. Additionally, you must be able to demonstrate that you filed the petition after you turned 21 because of the abusive parent. If you are not the child of a permanent U.S. resident or have not actually lived with the abusive parent, your petition will not be accepted. Additionally, you must be able to produce evidence that demonstrates your relationship with your parents.

If you are the parent of an abused child, you may file a petition as well. If your child was abused by your U.S. citizen spouse, you may include your children on your petition. Your children may also file a petition for themselves. Additionally, you may file if you are the parent of a U.S. resident who is abusive. If the abuser is not a permanent resident of the United States, your petition will not be accepted. The New York immigration lawyers at Pozo Goldstein, LLP are passionate about helping clients deal with any legal issue related to immigration law. Contact the firm today and see what a New York immigration attorney can do for you.

Filing for an Immigrant Visa Petition in New York City

In order to gain your immigrant visa petition, you must file Form I-360, Petition for Amerisian, Widow(er), or Special Immigrant. This file must also include all supporting documentation. This form must be filed with the Vermont Service Center, after which you will receive a notice that you can present to government agencies that provides certain public benefits to victims of domestic violence. This notification is valid for 150 days, and is officially called “Prima Facie Determination Notice.”

After your form I-360 has been approved, your status in the United States is not a legal immigration status. The government may place you under deferred action and allow you stay in the country. Once the U.S. has approved your Form I-360, you may apply to work in the United State. Before you are officially authorized to work in the U.S., you must file a Form I-765, Application for Employment Authorization.