Pursuant to the federal law, Violence Against Women Act (VAWA), you may be eligible to get a green card if you are the victim of battery or extreme cruelty committed. You may qualify if you are subject to the cruelty or abuse by:
- Your U.S. citizen spouse or former spouse
- Your U.S. citizen parent
- Your U.S. citizen son or daughter
- Your lawful permanent resident (LPR) spouse or former spouse
- Your LPR parent.
The upside of this process is you can self-petition under VAWA by filing a Petition Form I-360 Amerasian, Widow(er), or Special Immigrant. This means that you can file for a greencard without your abusive family member’s knowledge or consent. You still must prove abuse or cruelty and the family or spousal relationship.
Adjustment of Status Process
If you are located in the United States, you may be able to submit an adjustment of status application. Generally, this involves submitting the petition and the adjustment of status application, attending a biometrics appointment and then the final interview some months or years later.
Before applying for the green card through the adjustment of status process you should make sure that this is the right process for you. You should also consider applying for employment authorization and advanced parole. Advanced parole will allow you to travel outside of the United States during the adjustment of status application process. Each of the pieces of this process can get complicated. If you miss something or make mistakes, it could mean a delayed process or even a denial. It is important to tread carefully and be meticulous through this process.
If you are outside of the United States, and the USCIS approves the petition, you will go through consular processing and a final interview at the embassy in your home country. Generally, your relative will submit the petition at the USCIS. If approved, the USCIS sends the approved petition to the National Visa Center. The National Visa Center then corresponds with you to provide documentation, fee payments and to complete the DS-260 immigrant visa application. Then the embassy in your home country schedules the final interview and provides you instructions to do the medical examination and obtain a police certificate in your country. The officer will review all documentation and your application at the final interview and inform you of the decision at the interview.
When considering whether to go through with this type of green card application, it is important to take other circumstances and factors into consideration. Failing to do this may cause complications in the application process. For instance, any facts that involve previous denials, past immigration and criminal violations, previous marriages that involved filings, entry with other types of visas, tax issues, visa overstays, and previous employment in the United States can be just as important as the basic eligibility criteria. A single criminal violation, whether a misdemeanor or more serious, can lead you to be inadmissible to the United States, which may require additional steps to get a green card, such as a waiver.
It is important to consult an experienced immigration attorney to assist you with your case. An attorney will help to guide you through preparing the petition, assist with gathering evidence, and advocate vigorously for you during the process. Here at ST Law Office, I have dedicated my practice solely to immigration matters. I vigorously advocate no matter how simple or complicated the matter. Don’t hesitate to call us at 561-405-4889 or to schedule your initial phone, online or in-person consultation now.