Living in an abusive marriage can be dangerous and vexing. Your situation might worsen if they start blocking or threatening your green card application process. You might feel trapped, but the U.S. government provides means to protect you from your spouse. Under the Violence Against Women Act (VAWA), you can bypass your abusive spouse entirely by filing Form I-360 to self-petition for legal status.
What is the VAWA self-petition?
A VAWA self-petition is a legal application that allows abused spouses, children or parents of U.S. citizens and permanent residents to apply for a green card on their own. Contrary to its name, VAWA protections are gender-neutral. In order to protect victims, U.S. Citizenship and Immigration Services (USCIS) keeps this process confidential. The agency does not notify the abusive relative about the self-petition or contact them for any verification.
While the petition is usually filed by married individuals, abused spouses can still apply even after divorcing. However, the abuse must have occurred during the marriage and the petition should be filed within two years of receiving the divorce decree.
If the USCIS approves your self-petition, your spouse loses control over your immigration application.
What can be considered abuse and cruelty under VAWA?
VAWA recognizes both physical and non-physical violence as qualifying factors for self-petition. Non-physical forms of abuse may include emotional manipulation, extreme financial control and coercion.
Emotional abuse may include deportation threats, public humiliation or isolating you from loved ones. Financial exploitation usually covers forcing you out of work, withholding money for basic necessities or using immigration expenses to control you. Coercive behavior can be hiding or destroying critical documents like your passport or birth certificate.
If you are facing similar situations, know that you are not alone and there are actions you can take to gain back control of your life.
Steps for filing a VAWA petition while prioritizing your safety
Experiencing any form of abuse at home can be mentally draining. Building a case without your spouse’s knowledge can be your first step toward an independent and stable life in the U.S. Here are a few measures you can consider in preparation:
- Secure your digital trail by changing your login credentials and find a safe place like a shelter or a trusted friend’s home, to apply for a green card.
- Gather and save necessary documents like your marriage certificate and the spouse’s ID in multiple digital and physical forms.
- Arrange a safe address to use as your mailing address to receive all related notifications from the USCIS. Consult with an immigration attorney to assist with filing the Form I-360 and completing its requirements.
You do not have to endure an abusive marriage just to secure your rights in the United States. The VAWA self-petition is a confidential process that can help you take control of your life and gain peace of mind.