Who is eligible?
You may be eligible for a battered spouse or child waiver if you meet all of the requirements below:
- you have conditional legal permanent residence as the spouse of a US citizen (USC) or legal permanent resident (LPR) because your marriage was less than two years old when you obtained your residence; or you have conditional legal permanent residence as a child because your parent’s USC spouse filed a petition for you and the marriage was less than two years old when you obtained your residence;
- the marriage that is the basis for conditional residence was a good faith marriage; and
- during the marriage, the spouse or child was battered or subjected to extreme cruelty by the USC or LPR abuser.* "Extreme cruelty" is any form of power and control and includes, but is not limited, to the following: being the victim of or threatened with an act of violence, forcible detention that results in physical or mental harm, psychological or sexual abuse, rape, molestation, incest, and forced prostitution.
Requirements of VAWA
The VAWA application process requires eligible immigrants to provide a highly detailed declaration describing the history of the relationship with the abuser, as well as evidence of the abuse. To qualify, the application should include the following:
- Proof of Bona Fide Marriage
A marriage certificate, birth certificates of children born into the marriage, wedding or vacation photographs, and joint property documents.
- Proof of the Abuse
Medical records, police reports, photographs of injuries, and witness accounts.
- Proof of Good Moral Character
The non-citizen must show evidence of having a good moral character, such as letters of reference, local police clearance letters, etc.
Making such a detailed declaration of the circumstances may be intimidating and even frightening, but it is important to understand that applying for relief is strictly confidential. For assistance throughout the filing process, do not hesitate to contact my office. I am proud to offer personalized, compassionate legal help to those who have been battered or otherwise victimized by their spouses. Call for a free Consultation (918) 973-0095.