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  1. #1
    Join Date
    Jun 2006
    Posts
    7

    Default Self-Petitions under the VAWA

    i am man and would like to file my case under VAWA as i believe that i have been abused and used in my marriage. does the rules differ for men? is it hard to prove the abuse as i was abuse more emotionally, psychologically and verbally than physical. is it necessary that i have to go through a lawyer or can i do it by myself. i dont have a work permit nor a place to stay as i have been kickout of the house. i cant afford a lawyer. any tips as to how should i go about doing this. are there any websites that give a sample self declarations that i can see and write my declaration. few things i want to know-
    1. i know that USC/LPR'S have the right to withdraw their spouses pitition when ever they want but dont the spouses have the right to know that his or her petition is withdrawn?
    2.is it legal for USC/LPR'S concele or hide the fact of petition withdrawl inorder to get the services of their spouses and use them for thier personal gain. can this be considered as an abuse?
    3. do the spouses of USC/LPR'S who come to this country after marrying them in good faith have any rights of their own to defend their identity? or are they just left under the mercy of their petitioners? can i get information on any rights that exists for non-immigrants.
    please help me out with these questions.
    thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Getting Immigration Benefits as a Battered Spouse or Child

    The USCIS provides considerable official information on the Violence Against Women Act, and keeping your status as a battered spouse or child.

    To qualify,
    Quote Quoting Immigration under the VAWA
    The self-petitioning spouse,

    • Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
    • Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
    • Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
    • Is required to be a person of good moral character.
    • Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

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