Some women face a tough choice when they leave their home country to enter the United States. The only reason they are currently allowed to live in the United States is because of someone else. However, that same person is behaving violently toward them, perhaps jeopardizing the chances they live at all. These women might feel they have no choice but to put up with the violence so that they can remain in the country.
Another option may be available to them. One that can help them retain the right to live here while being free to remove themselves from that harmful relationship.
The Violence Against Women Act
The Violence Against Women Act (VAWA) permits women (and potentially their minor children) to apply for a green card of their own accord in certain circumstances. That is to say, they do not need to rely on a sponsor to support their application and can apply themselves, known as self-petitioning. Women may apply if they are subject to violence from a U.S. citizen who is their spouse, ex-spouse, parent or child. Spouses and parents who are lawful permanent residents, but not U.S. citizens may also count.
Anyone seeking to use VAWA to apply for a green card needs to understand that this route is reserved for those suffering battery or extreme cruelty. You will have to produce evidence to back up your claims, as well as paperwork proving the relationship between you and your abuser.
One of the potential dangers of self-petitioning is that the abuse might get worse if your abuser discovers your application. For this reason, you can ask to have any correspondence sent to a safe address of your choosing.
With so much at stake, it’s wise to consider legal guidance to learn how to proceed and to give yourself the best chance of getting a positive result with your application.