Green cards are typically obtained through family-based immigration, where a family member petitions for another family member. A person who has been abused by a family member can file a self-petition under the Violence Against Women Act (VAWA), which forms the basis for their own lawful permanent residency application.
What is self-petitioning and who can self-petition?
Self-petitioning means that a green card is possible without a sponsoring US company and without a job offer from a US company.
You can self-petition if you are:
- A spouse who has been abused by their spouse that is a U.S. citizen or permanent resident of the country. They can also include their under-21-year-old children in the petition.
- Children whose parents are citizens or lawful permanent residents of the United States. It is possible for the child to file a self-petition, or the other parent may do so on their behalf.
- Parents of United States citizens, if the parent has been abused by the child, and the child is over 21 years of age at the time of filing.
What do I have to prove for VAWA to be valid?
Spouses must prove the following:
- A USC/LPR abusive spouse lives with them or lived with them;
- During the marriage the couple suffered abuse or extreme cruelty;
- Marriage was entered into in good faith; and
- Their moral character is good.
Children must prove the following:
- The USC/LPR abusive parent lives or lived with them; and
- They suffered abuse or extreme cruelty.
Parents must prove the following:
- The abuser is a U.S. citizen;
- The child abuser is over 21 years old;
- The child abuser lives with them or they have lived with them;
- Abuse or extreme cruelty was perpetrated on them; and
- Their moral character is good.
