1. What is a Green Card for abused spouses and children?
A Green Card for abused spouses and children is a form of immigration relief available to foreign spouses and children who are victims of abuse by a U.S. citizen or lawful permanent resident (LPR). If the foreign spouse or child can prove their relationship to the U.S. citizen or LPR abuser, they may be eligible for a Green Card, which would allow them to remain in the United States and eventually become a lawful permanent resident themselves.
2. How can I apply for a Green Card as an abused spouse or child?
You can apply for a Green Card as an abused spouse or child by filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This form is available for free on the US Citizenship and Immigration Services website. Once you have completed the form, you will need to submit it along with supporting documents, such as evidence of abuse (like a police report or court order) and evidence of your relationship to the abuser (like a marriage certificate or divorce decree). You may also need to provide evidence of your current immigration status. For more information, you can visit the USCIS website or contact an immigration lawyer or organization.
3. Can I receive a Green Card if I have been abused by my spouse or parent?
Yes, you may be eligible for a Green Card if you have been a victim of abuse by your spouse or parent. The U visa, which is a nonimmigrant visa, may be available to persons who are victims of certain crimes and who have suffered substantial mental or physical abuse. To qualify, you must have been helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. You may also be eligible for the Violence Against Women Act (VAWA) self-petition if you are a victim of battery or extreme cruelty by your U.S. citizen or permanent resident spouse or parent, and you can demonstrate that your continued presence in the U.S. is necessary to protect yourself from further harm.
4. What are the eligibility requirements for a Green Card for abused spouses and children?
In order to qualify for a Green Card as an abused spouse or child, you must:
-Be a spouse or unmarried child (under 21 years of age) of a U.S. citizen or permanent resident
-Be married to the abuser at the time of filing the petition
-Have been subjected to battery or extreme cruelty by the abuser
-Be able to demonstrate that the abuse has affected your ability to support yourself
-Have entered the United States with proper permission or have been inspected and admitted by an immigration officer
-Have a pending Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, approved by the USCIS.
5. What type of evidence do I need to prove that I am an abused spouse or child?
In order to prove that you are an abused spouse or child, you will need to provide evidence such as police reports, medical records, photographs of injuries, witness statements, or any other relevant documents. You may also need to provide a statement from an advocate or shelter worker who can corroborate your story.
6. How long will it take to receive a Green Card if I am approved?
The processing time for a Green Card varies depending on the type of Green Card you are applying for and your particular circumstances. In general, it typically takes anywhere from 6 months to over a year to receive a Green Card after being approved.
7. Can I adjust my status to a permanent resident if I receive a Green Card due to abuse?
Yes, you may be able to adjust your status to a permanent resident if you receive a Green Card based on abuse. It is important to talk to an experienced immigration lawyer who can review your case and provide guidance on the best path forward.
8. What rights do I have if I receive a Green Card as an abused spouse or child?
If you have a Green Card as an abused spouse or child, you have the same rights as any other lawful permanent resident of the United States. This includes the right to live and work in the U.S., access to public benefits, and the ability to travel in and out of the country.
9. What kind of work authorization do I receive if I am approved for a Green Card as an abused spouse or child?
If you are approved for a Green Card as an abused spouse or child, you will receive a Permanent Resident Card (Green Card) with full work authorization.
10. Do I need to pass an English test or civics test if I apply for a Green Card as an abused spouse or child?
No, you do not need to pass an English test or civics test if you apply for a Green Card as an abused spouse or child. However, you do need to meet other eligibility critieria, which may include, but are not limited to, having been abused by a U.S. citizen or lawful permanent resident, having a qualifying relationship with the abuser, and having entered the U.S. lawfully.
11. How do I show that my abuser does not have lawful immigration status in the United States?
If you are unsure of your abuser’s immigration status, you can contact the U.S. Citizenship and Immigration Services (USCIS) for more information. Additionally, if you have access to your abuser’s documents, such as their passport or other evidence of immigration status, you may be able to use this information to prove they are not lawfully present in the US. It is important to remember that in many cases, an abuser’s immigration status may have no bearing on a survivor’s safety or ability to access resources.
12. Will my abuser be notified if I apply for a Green Card as an abused spouse or child?
No, your abuser will not be notified if you apply for a green card as an abused spouse or child. However, you may be asked to provide evidence of the abuse. This is to show that your relationship with the abuser is genuine and that you have been a victim of abuse. Additionally, if you are applying for a green card as an abused child of a U.S. citizen, then your abuser will need to sign an affidavit of support and consent to your application.
13. How long before I can apply for U.S. citizenship after obtaining a Green Card as an abused spouse or child?
The time you must wait to apply for U.S. citizenship after obtaining a Green Card as an abused spouse or child depends on the category of your Green Card. Generally, Green Card holders can apply for naturalization after five years of holding a Green Card, but for spouses of U.S. citizens, the wait is only three years. Additionally, for victims of abuse, the wait may be reduced to three years or even waived entirely. Therefore, it is important to consult a qualified immigration attorney to discuss your individual circumstances.
14. If my application is denied, can I appeal the decision?
Yes, applicants may appeal a denial of their application. Each program has its own process for appeals, so be sure to check with the program for specific details.
15. Are there any special benefits available to me after obtaining a Green Card as an abused spouse or child?
Yes. If you obtain your Green Card as an abused spouse or child, you may be eligible for certain state and federal benefits such as Medicaid, food stamps, and temporary cash assistance. Additionally, you may be eligible for job training programs, access to English language classes, and other services that are available to those who are considered “lawfully present” in the United States.
16. What happens if my abuser is deported after I receive my Green Card as an abused spouse or child?
If your abuser is deported, you will still be eligible to apply for U.S. citizenship one year after you obtain your Green Card. You will also still be eligible to apply for a work permit and a travel document (Advance Parole) to travel outside the United States.
17. Can my children also receive Green Cards if they were victims of abuse?
Yes, children who are victims of abuse can apply for a Green Card if they meet all the other requirements. The best way to get started is to speak to a qualified immigration attorney who can help you with the process.
18. Can I obtain a work permit while my application is being processed?
No, work permits are only issued after an application has been approved.
19. Is there any fee associated with filing an application for a Green Card as an abused spouse or child?
No, there is no filing fee associated with filing an application for a Green Card as an abused spouse or child.
20. Is there any assistance available to help me with the filing process for a Green Card as an abused spouse or child?
Yes, there are organizations that can help with filing for a Green Card as an abused spouse or child. These organizations include National Domestic Violence Hotline, National Immigrant Justice Center, and American Immigration Lawyers Association (AILA). Additionally, the U.S. Department of State offers resources and assistance to survivors of domestic violence.