Domestic Violence and Immigration

Undocumented victims of domestic violence who have been battered or abused by their U.S. relatives can obtain legal status in the united States without help of their abusive U.S. relatives. Usually, relatives of U.S. citizens and U.S. lawful permanent residents (green card holders) can apply for a Green Card only if their U.S. family member files a family visa petition. However, immediate relatives of a U.S. citizen or U.S. lawful permanent resident who have been abused or battered by their U.S. family member are not required to have a family visa petition. Under provisions of the Violence Against Women Act (VAWA), they can apply for a Green Card through the self-petitioning process and without help from their abusive U.S. family members. The Violence Against Women Act provides immigration relief for the following categories of victims of domestic violence:

Abused or battered wives or husbands of U.S. citizens and U.S. lawful permanent residents
Abused or battered former wives or husbands of U.S. citizens and U.S. lawful permanent residents
Abused or battered children of U.S. citizens and U.S. lawful permanent residents
Abused or battered step-children of U.S. citizens and U.S. lawful permanent residents
Abused or battered parents of U.S. citizens

Domestic violence involves physical and sexual abuse as well as psychological abuse, such as threats to commit certain violent acts. Victims of domestic violence who do not have a legal status in the U.S. or those who have violated U.S. immigration laws may qualify for a Green Card if they meet the eligibility requirements.