The Law Office of Janis Peterson-Lord

Abused/Battered Spouse Under the Violence Against Women’s Act
(VAWA)

You May Self- Petition under the VAWA Act
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.
Who is Eligible?
To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:

• Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
  
• Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.
  
• Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.

We will Assist You in Proving Your Case
You will need to obtain the following evidence:
(1) Proof of your relationship:
· Marriage certificate (and divorce decree if divorced within the past 2 years from abuser)

· Divorce decrees for any previous marriages

· Birth certificate (if you are the abuser’s child)

(2) Proof of spouse’s US citizenship or permanent residency:

· US birth certificate, or US passport, or US resident card.

(3) Proof you are currently residing in the United States:

· Employment records, utility receipts, school records, hospital or medical records, birth certificates of children born in the US, deeds mortgages, rental records, insurance policies, US income tax return, affidavits

(4) Proof you have resided in the United States with the Citizen or LPR spouse:

· Employment records, utility receipts, school records, hospital or medical records, birth certificates of children born in the US, deeds mortgages, rental records, insurance policies, US income tax returns, affidavits

(5) Proof you have been battered by the spouse during the marriage:

· Police records, reports or affidavits from police, judges or other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel or battered women’s shelter personnel. Court protective orders, criminal conviction records of the abuser for domestic violence, photographs of the visible injuries inflicted, photographs of torn clothing or broken furniture, affidavit from you detailing the abuse with dates and descriptions; affidavits from witnesses , friends or relatives corroborating your statements.

(6) Proof you are a person of good moral character:

· We will guide you on obtaining affidavits.

· Local police clearance letter from every locality or state in the US or abroad in which you have resided for 6 or more months during the 3 year period immediately preceding your filing of this petition.

(7 ) Proof you entered into the marriage in good faith:

Joint documents such as rental agreements, home purchases, insurance policies, bank accounts, income tax forms; testimony from friends and relatives or other evidence regarding the courtship, wedding ceremony, shared residence and experiences. Other types of evidence: birth certificates of your children together, police, medical or court documents providing information about the relationship, photographs taken together, and affidavits of persons with personal knowledge of the relationship.