Battered Spouse and Children Visa

Under the Violence Against Women Act (VAMA), a battered spouse and children have the opportunity to self-petition the United States government for a visa for permanent legal residency in the country.

This provision exists because sometimes the abuser is the one in control of applying for and retaining permission to stay in the country either as a U.S. citizen or as a lawful permanent resident, and may threaten spouses and children with USCIS repercussions if they complain about abuse. Accordingly, the VAMA allows battered spouses and children to file documents for immigration benefits with the government without the knowledge of the abuser.

Who is eligible to self-petition?

If you are a spouse, you must be legally married to a U.S. citizen or lawful permanent resident; as a parent, you may include any children who are under the age of 21 and unmarried on your petition as derivative beneficiaries. The abuse must have happened during the marriage and also in the United States unless your spouse works for the U.S. government or is a member of the armed forces.

Moreover, you must be a person of good moral character, and you must have entered your marriage in good faith (not for obtaining immigration benefits).

If your abusive spouse has passed away, you can still self-petition within two years after his or her death. If your marriage has been terminated by divorce related to abuse, you may also self-petition for up to two years following the dissolution of marriage.

Note that it is not only women who may self-petition under the VAMA; men may also do so if they fit the criteria.

If you are a child (under the age of 21 and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent, you may self-petition; if you also have children under the age of 21 and unmarried, they may also be included on your petition as derivative beneficiaries — even if they have not been abused.

How does the self-petition work?

You must fill out Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide the requested documentation.

You may consider consulting an experienced immigration lawyer to help you with this process. For more complete information on applying for a battered spouse visa, be sure to check out the USCIS website.