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He or she is legally married to a U.S.
citizen or lawful permanent resident.
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A self-petition may also be filed if
there was a divorce during the 2 years before
filing and the divorce was related to the domestic
violence.
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A self-petition may also be filed if the
abusive spouse died within 2 years before filing.
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He or she married in good faith and not just
to obtain permanent residency.
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While married, he or she (or his or her
child) was the victim of domestic violence or extreme
cruelty by the U.S. citizen or lawful permanent
resident spouse.
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The domestic violence must have happened in
the U.S. unless the abusive spouse is a U.S.
government employee or in the U.S. military.
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He or she is of good moral character.
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He or she must provide documents to support
the claim of domestic violence.
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He or she has not remarried.
(Remarriage after the self-petition is approved will
not invalidate the petition).
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If the immigration service is
satisfied that the petition filed by the battered spouse
(or child) is reasonable, the service will send a notice
to the spouse that can be used to apply for public
assistance benefits.
Once the self-petition is
approved, the battered spouse (or child) is usually
allowed to stay and work in the U.S. even if the spouse
(or child) does not have valid legal immigration status.
Approved self-petitioners who
are immediate relatives of U.S. citizens (spouses and
unmarried children under 21) will have an immigrant visa
number immediately available and can file right away to
adjust their status to a permanent resident (obtain a
green card).
Approved self-petitioners who
are or were married to legal residents must wait for a
visa number to become available before adjusting to
permanent residency. If the abusive spouse had
already filed an immigration petition for the battered
spouse, the priority date from the first petition may be
transferred to the self-petition.
A National Domestic Violence
Hotline (800 799-7233) exists to provide victims of
domestic violence with information about shelters, mental
health care, legal advice and other types of assistance.
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