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Victims of domestic abuse may qualify for a green card

On Behalf of | Aug 10, 2021 | Domestic Violence, Immigration Law

Residents of Shelbyville and the Louisville, Kentucky, area who are immigrants have certain protections under the law. You may want to learn more about how immigrants who are the victims of domestic abuse may become permanent residents when reporting their abusers.

According to the U.S. Citizenship and Immigration Services, under the federal Violence Against Women Act, you may become eligible for a green card if you are a victim of cruelty or abuse by a lawful permanent resident or a U.S. citizen.

Petitioning without the knowledge of the abuser

Filing of the petition may be done without the consent of the abusive family member. The victim may seek status as a lawful permanent resident separate from the family member’s citizenship or resident status.

If you committed a violation of immigration law

In the event that you have committed a certain act in violation of immigration law, you will not be eligible for this status change. Crimes of domestic abuse and other criminal offenses are seriously considered by the U.S. government. However, if you are a VAWA self-petitioner or beneficiary, you may still qualify for a green card.

What are the requirements for this type of green card?

To be eligible for a green card under the VAWA, you must meet certain requirements. These include the following:

• You file Form I-485, Application to Register Permanent Residence or Adjust Status.
• You live in the United States at the time you file Form I-485.
• You are eligible to receive an immigrant visa.
• You merit the favorable exercise of USCIS’ decisions.

An immigrant visa may be immediately available when you file Form I-485 and USCIS makes its final decision. None of the bars to adjustment of status apply to you. Upon approval, you are admissible to the United States for lawful permanent residence.