Can a divorced spouse seek relief through self-petitioning?
A self-petition will be denied if the marriage ends in death, divorce or annulment before the self-petition is filed. A battered spouse who is divorced from the US citizen or LPR spouse may be eligible for cancellation of removal. This is provided for under Section 240A(b)(2) of the INA. To qualify he/she must meet the other requirements that would be necessary for approval of a self-petition and must have been physically present in the U.S. for 3 years immediately preceding the filing of the application for cancellation of removal.
