The Violence Against Women Act provides that the spouse or children under 21 of a U.S. Citizen or Lawful Permanent Resident and/or a Parent of a U.S. Citizen who has been battered or subjected to extreme cruelty may file a self-petition if the following requirements are met:

 

• Evidence that the abuser is a U.S. citizen or a Lawful Permanent Resident.

• Evidence of the bonafide character of the marriage.

• Evidence that the Self-petitioner resided with the USC spouse or parent.

• Proof of the abuse such as: police reports, pictures, and/or personal statement establishing the abuse, affidavits from witnesses.

• Good moral character

 

Special Remarks:

 

• An individual must self-petition at the latest within two years after the termination of the marriage if it can be proven that there is a connection between the termination and the abuse.

• Individuals who were abused by their spouses and who entered the United States without inspection are eligible to self-petition.