How to Apply for a Green Card as a Victim of Domestic Violence

Introduction

Immigrants in abusive relationships often fear deportation, financial instability, and threats from their abuser. However, U.S. immigration laws, including VAWA, provide protections, allowing victims to apply for a domestic violence green card without their abuser’s involvement.

This guide breaks down the green card domestic abuse process and answers questions like Can a green card holder be deported for domestic violence? and can a naturalized citizen be deported for domestic violence? If you or someone you know is being abused and doesn’t know what to do about immigration, this guide provides a clear path to safety and legal residence in the U.S.

Legal Safeguards for Abused Victims in Immigration Law

U.S. immigration laws recognize that victims of abuse are trapped in their situation because of their legal status. There are various pathways by which victims of abuse can seek lawful permanent residence:

1. Violence Against Women Act (VAWA) Self-Petition

The green card domestic abuse section in VAWA provides that certain abused spouses, children, and parents of citizens or lawful permanent residents (LPRs) of the U.S. may file for a Green Card without the abuser’s permission.

2. U Visa for Crime Victims

A U Visa is available for crime victims, such as domestic violence immigration cases, who have cooperated with the authorities in the investigation or prosecution of the crime.

3. T Visa for Human Trafficking Victims

If your abuser trafficked you into the U.S. for forced labor or exploitation, you might be eligible for a T Visa, which can result in a Green Card.

4. Special Immigrant Juvenile Status (SIJS)

If you are under 21, unmarried, and have been abused, abandoned, or neglected by a parent, you might be eligible for SIJS, which offers a pathway to a Green Card.

Eligibility for a Green Card Under VAWA

Victims applying for a domestic violence and green card case under VAWA must fulfill specific requirements of eligibility:

• The victim must have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or child.
• The abuse may include physical violence, sexual abuse, emotional or psychological abuse, or financial domination.
• The victim must have resided with the abuser at some time.
• The candidate must have good moral character, which is established through background checks and letters from community members.
• The victim must have provided proof of the abuse, such as police reports, restraining orders, medical records, text messages, emails, or affidavits.

Some victims worry that they lack sufficient proof, especially if they never reported the abuse to the authorities. USCIS, however, allows alternative proof, including therapist records, personal statements, and statements from acquaintances or relatives who personally observed the abuse.

Step-by-Step Guide to Applying for a Green Card as a Victim of Abuse

Step 1: File Form I-360 (VAWA Petition)

The initial process for obtaining a domestic abuse green card is filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with U.S. Citizenship and Immigration Services (USCIS). The form establishes eligibility for VAWA immigration relief.

Required Documents for I-360:

•     Documentation of the relationship with the abuser, such as a birth certificate or marriage license.
•     Documentation of abuse (police reports, medical documentation, witness affidavits, or personal statements).
•     Proof of residence with the abuser (such as lease documents, joint mail, or school reports).
•     Proof of good moral character (such as background checks, religious or community leader letters).

Once Form I-360 has been filed, USCIS may make a prima facie determination, which may allow victims to access public benefits during the review process.

Step 2: Apply for Work Authorization

Once Form I-360 is approved by USCIS, the applicant becomes eligible for work authorization (Employment Authorization Document – EAD) pending his/her green card. This may provide financial independence, enabling the victim to leave their abuser.

Step 3: Adjustment of Status Filing (Form I-485)

Once approved for the VAWA petition, the applicants may submit Form I-485 (Application to Register Permanent Residence or Adjust Status) to obtain their green card. This is a very important step in a domestic violence green card case.

Documents Needed for I-485:

•     The USCIS notice of approval for Form I-360.
•     Form I-693 (Medical Examination and Vaccination Record).
•     Passport-type photographs.
•     Evidence of continuous U.S. residence.

Consular processing is needed by those outside the U.S.

Step 4: Attend the USCIS Interview (If Necessary)

A few domestic violence immigration applicants must attend a USCIS interview. If called for an interview, applicants need to bring all original documents and be prepared to discuss their case.

Interviews can be stressful, but applicants can take an attorney or support person along. It is important to stay composed and answer questions honestly.

Common Challenges and How to Overcome Them

Most victims of green card domestic abuse cases face obstacles during the immigration process. Some of these issues and solutions are here:

• Lack of Police Reports: If there are no official reports, victims can provide personal affidavits, therapy records, or witness statements.
• Fear of Revenge: USCIS does not notify the abuser of the VAWA petition.
• Criminal Record Issues: The victim is often compelled into illegal work by the abuser. In cases with a criminal record, legal help is essential.
• Delays in Processing: Although USCIS processing times are not fixed, legal representation can assist in making certain the application is accurate and properly submitted.

What Happens After Receiving a Green Card

If approved for a domestic violence green card, the applicant earns lawful permanent U.S. residence. They become legally employable, able to travel, and eligible to petition for U.S. citizenship within three years.

Can You Lose Your Green Card Due to Domestic Violence?

Many immigrants ask, “Can a green card holder be deported for domestic violence?”

• Yes, but only in exceptional circumstances, whereby a lawful permanent resident could face deportation upon the conviction of an offense related to domestic violence.
• “Can a naturalized citizen be deported for domestic violence?” No, unless the citizenship was fraudulently obtained.
• “Can you become a U.S. citizen with a domestic violence conviction?” It depends. If the conviction is considered an aggravated felony, it may prevent naturalization.

If there are any doubts about past charges, it is necessary to seek advice from an immigration attorney.

Challenges Survivors May Face After Getting a Green Card

Although a domestic abuse green card is a victory, survivors can still face difficulties:

1. Harassment or Threats from the Abuser

Even after a survivor gains legal status, their abuser might try to harass or intimidate them. It is important to obtain legal protection by seeking a restraining order if necessary.

2. Financial Independence and Employment

Numerous survivors who financially rely on their abuser also face difficulty in finding work. Survivors now work in the U.S. legally and seek employment without the fear of immigration consequences with a work authorization card and legal status.

3. Emotional Healing

The effect of domestic violence immigration cases does not end with legal status. Numerous survivors develop PTSD, anxiety, or depression escaping an abusive situation. Therapy and support groups can provide emotional healing.

4. Applying for Public Benefits

Certain survivors can be eligible for Medicaid, housing subsidies, food stamps, and other benefits. Eligibility depends on the state, and consulting a legal aid organization can help determine what resources are available.

Legal Assistance for Domestic Violence Immigration – Act Now

For expert legal assistance with VAWA petitions, U Visas, or any domestic violence immigration case, contact Passage Immigration Law to consult with a qualified immigration lawyer today.

No one should remain in an abusive relationship out of fear of deportation. Contact us and action today can result in safety, security, and a brighter future.