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DownloadLearn more about how the immigration process works and help you with your immigration concerns and questions. The Charleston USA Immigration Law Center is here to support you in your goal to become a United States citizen.

Battered Spouse, Child & Parent Visa (VAWA)

Under the Violence Against Woman Act (VAWA) a certain battered spouse, child or parent may file for an immigrant visa based upon certain eligibility requirements.

Battered Spouses

A battered spouse may file for herself/himself and her/his unmarried children under the age of 21 if abused by a U.S. citizen or permanent resident husband or wife in the U.S., provided:

  • You entered into the marriage in good faith and not solely for immigration benefits, resided with the spouse for a considerable amount of time and are of good moral character or
  • Your marriage to the abuser was terminated by death or divorce within two years prior to filing or your spouse lost or renounced citizenship or permanent resident status within two years prior to filing due to an incident of domestic violence.

Battered Children

A battered child may file for herself/himself if abused by a U.S. citizen or permanent resident parent if she/he:

  • Resided with the abuser while abused in the U.S., or abroad, if a parent was employed in the U.S. military,
  • Was the child of an abuser who lost citizenship or permanent residency due to an incident of domestic violence,
  • Has evidence to prove the relationship to the parent,
  • Is of good moral character and over the age of 14.

Battered Parents

A battered parent of a U.S. son or daughter or a battered parent of a U.S. son or daughter who lost citizenship or renounced citizenship related to an incident of domestic violence or who died within two years prior to filing may file for herself/himself:

  • Provided she/he was abused by the U.S. son or daughter,
  • Resided with the abuser son or daughter (non grandchild),
  • Provided she/he is of good moral character.

Submission Process

Generally, the applicant submits USCIS form I-360 with all accompanying documentation and required filing fees to the appropriate USCIS Service Center. Biometrics and an interview are often mandatory. Not every denial can be appealed. And sometimes work and travel plans may need to be altered on an interim basis. However, upon approval, certain public benefits may be available to certain victims of domestic violence. This application requires much attention to detail and we can guide you in your preparation of this type of application to assure complete compliance with fast and easy approval.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Charleston USA Immigration Law Center, LLP - Immigration Lawyer in Charleston, SC
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