You can self-petition yourself and obtain permanent residence in the USA without the knowledge of the abuser. You may qualify if you were battered (physical) or subjected to extreme cruelty (mental) or (mental and physical).
You may qualify even if you entered the United States illegally (EWI). You may still adjust status in the United States.
Domestic violence can happen in a wide range of situations. Sometimes, immigrant women and children are the victims of domestic abuse. Because they are in a foreign country and may be unfamiliar with the law, they do not know that resources and support are available to them. If you are an immigrant and you are being abused, then you need to speak with violence against women lawyer from Attorney Eran Ben Ezra.
All forms of domestic violence and abuse are illegal in the United States. In fact, there is a federal law that is commonly referred to as the Violence Against Women Act, or VAWA. It was first passed in 1994, and was reaffirmed and broadened in 2013. Both citizens and non-citizens are entitled to protection under VAWA.
In abusive situations, the victim often is cut off from the world. She may not be allowed to have friends or to contact her family. Her movements may be watched. If she is allowed to leave her home, it is only with an escort. Violence may break out at any time, and her abuser may use threats to keep her afraid. Frequently, the abuser will say that the woman will be deported or lose custody of her children if she reports the abuse to the authorities.
The reality is that you will not lose custody of your children, nor will you be deported simply because you are the victim of abuse. Instead, you are entitled to protection under local, state and federal law. You may be able to continue to pursue a Green Card or citizenship without your spouse. This is contrary to the story that abusers often tell their victims. The law offers you protection, and the immigration lawyers at Attorney Eran Ben Ezra can help you.
Taking the first step toward separating yourself from your abuser is the hardest. Once you have the support of a sympathetic and knowledge Violence Against Women Act lawyer, you will find that you and your children have options that do not have to include an ongoing relationship with your abuser.
If you want to become a self-petitioning spouse under the Violence Against Women Act, then your abusive spouse must be either a U.S. citizen or hold a Green Card. You must have lived with the abusive spouse, and the abuse must have occurred during your marriage. Applicants must be able to show that they entered into the marriage in good faith and not solely for the purpose of gaining citizenship. Additionally, the petitioner must show that they are of good moral character.
It is not easy for the applicant to do all of this without assistance. Contact Attorney Eran Ben Ezra to schedule a consultation.