A substantial number of immigrants living in the United States have fled persecution or extreme hardships in their home country to seek refuge and safety within our borders. Unfortunately, some immigrants living in America still face daily persecution and torment at the hands of their loved ones or immediate relatives. Thankfully, the U.S. government offers help for abused or battered immigrants so they can safely flee dangerous domestic situations while still remaining in the U.S. In today's blog post, we'll look at the government services available to battered immigrant spouses, children and parents.
Filing Eligibility
Battered and abused immigrant spouses, children or parents can file an immigrant visa petition without the abuser's permission or knowledge, under provisions of the Immigration and Nationality Act. The abuser does not receive notification of the filing, allowing abused or battered individuals to seek safety, shelter and independence. Abused spouses of U.S. citizens or permanent residents may file visa petitions, as well as unmarried children under age 21 abused by their citizen or permanent resident parent. Additionally, abused immigrants that are the parent of a U.S. citizen are also eligible to file an immigrant visa petition to seek protection.
Relational Qualifiers
In order to file for an immigration visa petition, relationships must qualify based on specific parameters set by the Immigration and Nationality Act. Abused spouses must be married to a U.S. citizen or permanent resident, have resided with their spouse, and demonstrate good moral character. Additionally, battered spouses may also qualify for petition filing if their marriage was terminated by death or divorce within two years of filing. The parent/child relationship qualifies if the parent is a U.S. citizen or permanent resident, the child resided with the abusive parent, and the child is of good moral character. Battered immigrant parents may file their own visa petition if their son or daughter is a U.S. citizen and they also resided with them.
If Visa Petition Is Approved
If visa petitions are approved for abused or battered spouses, children or parents, they may then apply for employment authorization and lawful permanent resident status. The federal government also provides help via the National Domestic Violence Hotline to provide victims essential information regarding nearby shelters, legal aid, mental health assistance, and other resources.
Christiansen Law Firm offers battered and abused immigrants expert legal representation during the immigration visa petition process. The Immigration Law attorneys of Christiansen Law Firm have years of extensive experience with immigration law, including visa petition filing, divorce, adoption, citizenship and naturalization. Contact the Christiansen Law Firm offices in Houston or San Antonio for more information, or to schedule a free consultation.