1.800.DURRANI
Emergency 24/7
1.608.338.3474
eMail:
law@durrani.com
As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and permanent residents (Green Card holders) to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.
Those Eligible to File
Eligibility Requirements for a Spouse
o married to a U.S. citizen or permanent resident abuser
or
o your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
o your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
o you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
o have been abused in the United States by your U.S. citizen or permanent resident spouse, or
o have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
o are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
Eligibility Requirements for a Child
Eligibility Requirements for a Parent
Filing Process
Working in the United States
If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center.
Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, visit our Working in the U.S. page.
Permanent Residence (Green Card)
If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card. For information about filing for a green card, see the Immigration Options for Victims of Crimes Brochure.
For more information on battered spouse, children and parents, visit our Questions & Answers: Battered Spouses & Children page.
Madison, WI Office
2236 County Road MM
Fitchburg, WI 53575
Phone: 608.276.5700
1-800-DURRANI
Fax: 608.276.5700
Tampa, Plant City, FL Office
3309 Jap Tucker Road
Plant City, FL 33566
Phone: 813-763-3181
Mr. Ajmal Khan, Manager
Office Visit by Appointment ONLY Se Habla Español
1.800.DURRANI