Abused Spouse Petitions Archives - Gamino Law Offices, LLC

Escaping an Abusive Spouse Through Immigration

Abuse statistics tell a horrifying story: many victims of abuse who are married to a US citizen or permanent resident feel like they’re trapped and unable to get the help they so desperately need. Fortunately, there is more than one way to escape an abusive marital relationship – and one of those ways is through legal immigration. A talented Milwaukee immigration lawyer can help you file the appropriate paperwork and give you a nudge on the path to your own U.S. residency.

How Are Abused Spouses Eligible for Permanent Residency?

If you’re married to a US citizen or a legal permanent resident – or if you’ve divorced due to the abuse within the last two years – you may be eligible to file for permanent residency. Additionally, the abuse must have occurred either here in the US or abroad while he or she was employed by the government or US uniformed services.

You also must have entered into your marriage in good faith (you married with the expectation of staying married and did marry with the purpose of gaining citizenship) and you must have lived with your spouse. In addition, you must be deemed “of good moral character.”

How Abused Spouses Apply for US Residency

In most cases, it’s best to have an attorney walk you through the process. Because immigration forms can be complex and may vary across agencies, a lawyer can make sure that everything is filled out correctly and that it ends up in front of the appropriate authorities. At the same time, your lawyer will help you understand what’s going on and notify you when any progress has been made in your case.

Work with Attorneys Who Care

At Gamino Law Offices, LLC we understand where you’re coming from. It’s our mission to help abused spouses escape difficult situations however we can. Call us at (414) 383-6700 or send us a message; your communication will be completely confidential, and you can file for residency without your abuser even knowing that you’ve done so.

VAWA Immigration: What to Know

By Attorney Carlos Gamino

Battered spouses, children and parents of U.S. citizens may be eligible for special immigration concessions under VAWA – the Violence Against Women Act – regardless of gender or age. In some cases, victims of domestic violence are eligible for immigrant visas and green cards.

VAWA Immigration

Victims of domestic violence can file a petition with U.S. Citizenship and Immigration Services without telling the abuser they’re doing so. The U.S. government will not notify the abuser, either, which is a way of protecting people from further violence while allowing them to plan their own futures.

Spouses, children and parents may be eligible to file a VAWA petition as outlined here.

Spouse Eligibility

If you’re the spouse of a U.S. citizen abuser, you may be eligible for VAWA immigration for yourself and your children if you:

Are or were married to the abuser (if you are no longer married, your marriage must have been terminated by death or divorce within the two years prior to filing), or if your spouse lost or renounced American citizenship within two years before you filed due to a domestic violence incident
Have (or your child has) suffered battery or extreme cruelty at the hands of your spouse
Entered into your marriage in good faith – not just for immigration benefits
Have lived with your spouse
Are a person of good moral character

Parent Eligibility

If you’re the parent of an abusive child and you’re in the U.S. with that child, you may be eligible if:

Your child is 21 or older when you file the petition
You are the parent of a former citizen who lost or renounced citizenship status related to a domestic violence incident
You are the parent of a child who died within two years prior to the date you file your petition
You have suffered battery or extreme cruelty at the hands of your U.S. citizen child
You have lived with the child
You are a person of good moral character

Child Eligibility

As the child of a U.S. citizen and a victim of abuse, you may be eligible if:

You are under the age of 21 and unmarried
You are being or have been abused by your parent

As a child, you may be able to file up to the age of 25 if the abuse was what caused your delay in filing.

Do You Need Immigration Advice?

Whether you want to learn more about VAWA immigration or another type of immigration, we’re here to help. You can reach us at 414-383-6700 to schedule your immigration consultation today.

Attorney Carlos Gamino

DEDICATED TO PROTECTING YOUR RIGHTS

Abused Spouse Petitions

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