Can an immigrant petition for lawful permanent residence without their spouses help?
Short Answer: There is a law that allows certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge. Long Answer: Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the Bureau of Citizenship and Immigration Services (BCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. BCIS Form I-130, Petition for Alien Relative is filed by the USC/LPR, the petitioner, on behalf of the family member who is the beneficiary. The petitioner controls when or if the petition is filed. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, or by threatening to report them to BCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities. Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United Stat
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- Can an immigrant petition for lawful permanent residence without their spouses help?
