According to National Domestic Hotline, domestic violence is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. Anyone of any race, age, sexual orientation, religion or gender can be a victim — or perpetrator — of domestic violence. It can happen to people who are married, living together or who are dating. Domestic violence includes behaviors that physically harm, arouse fear, prevent a partner from doing what they wish or force them to behave in ways they do not want. It includes the use of physical and sexual violence, threats and intimidation, emotional abuse and economic deprivation.
According to United States immigration website: “there are three ways immigrants who become victims of domestic violence, sexual assault and some other specific crimes may apply for legal immigration status for themselves and their child (ren).
1.Self-petitions for legal status under the Violence Against Women Act (VAWA).
2.Cancellation of removal under VAWA.
3.U-nonimmigrant status (crime victims).
To win an abuse case, you must establish the following:
1.• Proof that the abuser is a U.S. citizen or green card holder.
2.• Proof that you are the abuser’s spouse, child, or parent.
3.• Proof that you lived with the abuser.
4.• Proof that you currently live in the United States.
5.• Proof that you suffered abuse, such as police records, hospital records, witness statements, psychological evaluation.
6.• A statement describing your relationship with the abuser and the abuse you suffered, police clearance records and / or other evidence to show you are a person of “good moral character“a copy of your passport or birth certificate.
These immigration benefits each have specific requirements that must be established. Consult an immigration lawyer who works with victims of domestic abuse.
The content of this article is intended for general information purposes only, and is not legal advice. Those seeking specific legal advice should contact Gertrude Onuoha Esq. at 575 Lexington Avenue, 4th Fl. NY NY 10022 (Phone) 7326425605.
Gertrude Onuoha Esq. is the founder of the law offices of Gertrude Onuoha, P.C. She has practiced law for more than 17 years. She has great depth of experience and a successful track record in handling immigration matters. She is admitted to practice law in the state of New York and has a Master of Laws (LL.M) degree from Benjamin Cardozo School of Law in New York. She is a member of the American Immigration Lawyers Association and the New York Bar Association.
