If your United States citizen spouse filed for your Abused Spouse Green Card, but now your relationship has fallen apart, you may still be able to proceed. If your spouse subjects you to “extreme cruelty” you may be able to file for yourself based upon the VAWA laws.

The Violence Against Women Act (VAWA) is a landmark piece of legislation in the United States that was first enacted in 1994 and has been reauthorized several times since then. One important aspect of VAWA is its provisions for immigration relief for victims of domestic violence, sexual assault, and other forms of abuse.

Under VAWA, certain immigrant victims of “extreme cruelty” who are married to U.S. citizens or lawful permanent residents may be eligible to self-petition for lawful permanent residency (green card, here described as an “Abused Spouse Green Card”) without the abuser’s knowledge or consent. This allows victims to seek legal immigration status independently of their abusers, providing them with a pathway to safety and independence. Keep in mind that this law applies to both male and female immigrants.

To qualify for VAWA immigration benefits, an individual must demonstrate that they have been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent. They must also meet other eligibility requirements outlined in the law.

VAWA immigration provisions apply not only to spouses but also to children and parents of U.S. citizens or lawful permanent residents who have been subjected to abuse. Additionally, VAWA protections extend to individuals of any gender who have been victimized.

It’s essential for individuals seeking immigration relief under VAWA to consult with an experienced immigration attorney or a qualified legal service provider to understand their rights, eligibility, and the application process. These professionals can provide guidance and support throughout the application process, which can be complex and challenging.