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Battered Spouse, Children, Parents

VAWA for Battered Spouses, Children & Parents

As a battered spouse, child or parent, a foreign national may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser’s knowledge. This will allow the foreign national to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. The abuser will not be notified that you have filed for immigration benefits under VAWA.

Foreign Nationals Eligible to File:

• Spouse: A foreign national may file if the abusive spouse is a U.S. citizen or lawful permanent resident. The petition may also include the foreign national’s unmarried children who are under 21 if they have not filed for themselves.

• Parent: A foreign national may file if he or she is the parent of a child who has been abused by the foreign national’s U.S. citizen or lawful permanent resident spouse. The petition may also include any children, including those who have not been abused, if they have not filed for themselves. The foreign national may also file if he or she is the parent of a U.S. citizen, and has been abused by his or her U.S. citizen son or daughter.

• Child: A foreign national may file if he or she is an abused child under 21, unmarried and have been abused by his or her U.S. citizen or lawful permanent resident parent. The foreign national’s children may also be included on the petition. The foreign national may file as a child after age 21 but before age 25 if he or she can demonstrate that the abuse was the main reason for the delay in filing.

Contact our Immigration Law Firm in Orlando

The Morgan Law Firm, P.A. understands the sensitive nature of VAWA petitions and has extensive experience in filing VAWA applications. For assistance with your case, please contact us at (407) 425-8529. You may also email us at info@morganlawcounselors.com. Your information will be kept under the most strict confidentiality