An abused, undocumented spouse of a U.S. Citizen or Green Card holder may file a green card application on his/her own without the consent of the U.S. citizen or legal resident spouse/abuser. USCIS is prohibited from sharing any information with the abuser! The abuser will not be alerted or arrested due to a VAWA claim. A self-petitioner must be legally married (in good faith) to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed within two years of the termination of marriage by divorce or death of the abuser.
Ballout Law has extensive experience in VAWA applications. If you need assistance in filing as an abused spouse, please contact our office for a strictly confidential consultation.