A spouse who is self-petitioning under this law must show that he or she: is the spouse of a citizen or green card holder of the United States; is an immediate relative; is living in the United States; has lived in the United States with the citizen or green card holder spouse; has been battered by, or been subjected to extreme cruelty during the marriage; or is the parent of a child who has been battered or subjected to extreme cruelty by the citizen or green card holder during the marriage; is a person of good moral character; deportation would work an extreme hardship to himself, herself, or his or her child; and married to the citizen or green card holder in good faith. A battered child or parent can apply following the same basic requirements.
The above-described requirements have been the law since 1994 and by-and-large, this law has been ignored for lack of awareness by the much-entitled victims. In late October 2000, President Clinton signed the VAWA 2000 into law. This new and improved version of this law, which contains “The Battered Immigrant Women Protection Act of 2000,” makes it easier for victims to self-petition by removing some of the bars to getting their green card. It also allows them to apply and receive a suspension of deportation if such an order has been issued. Additionally, it gives the BCIS, through the Attorney General, discretion to remove some of the bars to admissibility and grounds of deportability for battered immigrants.
Last but not least, the VAWA 2000 allows battered immigrants to apply for their change of status under the Cuban Adjustment Act, the Nicaraguan Adjustment and Central American Relief Act (NACARA) and the Haitian Refugee and Immigrant Fairness Act (HRIFA). This is very significant because the requirements for these three categories are much less stringent than for most immigration benefits. For instance, applicants under those three provisions do not have to leave the United States in order to apply for adjustment of status, not even after the April 30, 2001 deadline afforded by the “Legal Immigrant Family Equity Act.” The bottom line is that abused women and their children do not have to stay in an abusive marriage just to get their green card. The law allows them to do it on their own.
For more information, please call 661-294-0911 or visit aime@worldesquire.com .