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.