As a battered spouse, child, or parent, you may be eligible to file an immigrant visa petition (I-360 petition) for yourself under VAWA (Violence Against Women Act). Despite the name of the Act, the VAWA provisions apply equally to women and men.
Requirements for abused Spouse
If you are a Spouse: You can file for yourself, if you are (or were) an abused spouse of a U.S. citizen or permanent resident. You can also file as an abused spouse, if your child has been abused by your U.S. citizen or permanent resident spouse. In your petition, you can include your unmarried children who are under 21 (if they have not filed for themselves).
You have to meet all of the following 5 requirements:
1. You are married to a U.S. citizen or permanent resident abuser; or your marriage to the abuser was terminated by death or divorce (related to the abuse) within 2 years prior to filing your petition; or your spouse lost or renounced U.S. citizenship or permanent resident status within 2 years prior to filing your petition due to an incident of domestic violence; or you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was actually not legitimate solely because of the bigamy of your abusive spouse.
2. You have suffered battery or extreme cruelty by your U.S. citizen or permanent resident spouse; or you have been abused by your U.S. citizen or permanent resident spouse; or your child has suffered battery or extreme cruelty by your U.S. or permanent resident spouse.
3. You entered into the marriage in good faith, not solely for immigration benefits.
4. You have resided with your spouse.
5. You are a person of good moral character.
Requirements for abused Parent
You can file for yourself, if you are a parent of a U.S. citizen and you have been abused by the U.S. citizen son/daughter. You have to meet all of the following 4 requirements:
1. You are a parent of a U.S. citizen son/daughter who is at least 21 when your self-petition is filed; or you are a parent of a U.S. citizen son/daughter who lost or renounced U.S. citizenship status related to an incident of domestic violence; or you are a parent of a deceased U.S. citizen son/daughter who was at least 21 when s/he died within 2 years prior to filing of your self-petition.
2. You have suffered battery or extreme cruelty by your U.S. citizen son/daughter.
3. You have resided with the abusive son/daughter.
4. You are a person of good moral character.
Requirements for abused Child
You can file for yourself, if you are a child (unmarried and under 21) and have been abused by your U.S. citizen or permanent resident parent. You can file as a child after 21 but before 25, if you can demonstrate that the abuse was the main reason for the delay in filing. In your petition, you can include your unmarried children who are under 21.
You have to meet all of the following 4 requirements:
1. You are a child of a U.S. citizen or permanent resident abuser; or you are a child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
2. You have suffered battery or extreme cruelty by your U.S. citizen or permanent resident parent.
3. You have resided with your abusive parent.
4. You are a person of good moral character (a child under 14 is presumed to be a person of good moral character).
How to apply
1. You must file a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, along with proper supporting documents, with USCIS. If you are living outside the U.S., you can file the I-360 petition if the abuser is an employee of the U.S. government; the abuser is a member of the uniformed services; or you were subjected to battery or extreme cruelty in the U.S.
2. If your I-360 petition is approved and you do not have legal immigration status in the U.S., USCIS may place you in deferred action, which will allow you to remain in the U.S.
3. If your I-360 petition is approved, you can apply for a work permit in the U.S. by filing a Form I-765 with USCIS. Your children listed on your approved Form I-360 can also apply for work authorization.
4. Applying for a green card by filing a Form I-485 with USCIS:
----- If the abuser is/was a U.S. citizen, you can apply as soon as your I-360 petition is approved.
----- If the abuser is/was a permanent resident, you have to wait for your priority date to become current. If the abuser had filed an I-130 petition before you filed your I-360 self-petition, you can use the I-130 petition's priority date.