I Married an Abusive Spouse Who Has Refused to Sign Green Card Papers. Can I Apply under VAWA?

Victims of spousal abuse, assault and/or battery may be able to self-sponsor for a green card. Where an abusive US citizen spouse refuses to support an application, the alien may be able to file the petition on his or her own behalf under the provisions of the Violence Against Women Act (VAWA). The application may be approved with or without the support of the abusive spouse. To qualify for self-sponsorship under VAWA, applicants must show the following:

• He/she is a spouse of a US citizen or Legal Permanent Resident (LPR);
• Entered into a good faith marriage;
• Has resided with US citizen or LPR;
• Has good moral character;
• Was battered or subjected to extreme mental cruelty by spouse OR is the parent of a child abused by USC or LPR spouse; and
• Has credible evidence to prove the items above.

Petitions under VAWA are filed using the Form I-360 at the Vermont Service Center and may also be filed by those who may have entered without inspection (EWIs), illegal aliens and those in removal or deportation proceedings.