still with the batterer. When there are signs of spousal abuse the spouses and children of United States citizens or lawful permanent residents can self-petition to obtain lawful permanent residency. This right was gained under the Violence Against Women Act passed by Congress in 1994.

Generally U.S. citizens and lawful permanent residents file immigrant visa petitions with United States Citizenship and Immigration Services (USCIS) on behalf of a spouse or child so that they can emigrate to or remain in the U.S. In effect, the petitioner controls if or when a petition is filed. Some U.S. citizens and lawful permanent residents misuse the process by abusing their family members or by threatening to report them to USCIS. This makes most battered immigrants afraid to report the abuse to the police or other authorities and creates an obstacle for the defense of battered women.

Violence Against Women Act

The provisions of the Violence Against Women Act allow certain battered immigrants to file for immigration relief without the abuser's knowledge. Victims of domestic violence can seek help through the National Domestic Violence Hotline at 1-800-799-7233. The hotline will provide information about shelters, mental health care, legal advice and other types of help, including the self-petitioning process for immigration status.

Those eligible to file a self-petition for immigration benefits must qualify under one of the following categories:

You can self-petition (apply on your own behalf) if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under 21 who have not filed a petition themselves can be included on your petition.
You can self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your unmarried children under 21, including those who may not have been abused, can be included on your petition.
You can self-petition if you are a battered child under the age of 21 and unmarried, who has been abused by your parent, who is a U.S. citizen or lawful permanent resident.

A self-petitioning spouse:

Must be legally married to the U.S. citizen or lawful permanent resident who is the batterer.
Must have been battered in the U.S. unless the batterer is a U.S. government employee or member of the uniformed services of the United States
Must have been battered or subjected to extreme cruelty during the marriage, or be the parent of a child in that situation
Is required to be of good moral character
Must have been married in good faith, not solely to obtain immigration benefits

A self-petitioning child:

Must qualify as the child of the batterer as "child" is defined in the Immigration and Nationality Act for immigration purposes
Any evidence that proves the relationship with the parent will be considered

Continue to : How Do I Apply for Immigrant Benefits

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