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Battered Spouse Protection for Immigrants

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Pricing

initial consultation $100

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Overview

OPTIONS FOR BATTERED SPOUSES

Learn how you can self-petition under the Violence Against Women Act. Don’t remain a victim of domestic Violence!

The Battered Spouse Waiver:

The spouse of a U.S. citizen or legal permanent resident obtains only conditional residency. The conditional residency must be removed after two years with proof of a valid marriage, and the condition must be removed with the assistance of the U.S. citizen or LPR spouse. Because battered spouses may then be compelled to stay in an abusive relationship for those two years while waiting to become full Legal Permanent Residents, Congress has created the battered spouse waiver, which is available equally to men and women. A battered spouse of a U.S. citizen or LPR is eligible for a waiver that allows him or her to remove the conditional status from her residency without the assistance of the abusive spouse. The waiver makes it so the battered spouse can leave the abusive relationship without fear of losing his or her residency because he or she did not remain married for two years.

VAWA Self-Petition:

The battered spouse, either male or female, or former spouse of a U.S. citizen or a Legal Permanent Resident may petition for herself under the Violence Against Women Act. The petition is submitted without the abusive spouse ever being notified. Furthermore, the battered spouse may petition without being required to first separate from the abusive spouse. To succeed with the petition, the petitioner must prove he or she is or has been abused in the United States by the U.S. citizen or permanent resident spouse. In addition to showing proof of abuse, the petitioning spouse must also prove the following:

  • Good faith marriage;
  • The immigration status of the citizen or LPR spouse;
  • Good moral character; and
  • Residence with the abusive family member. A battered spouse is eligible to self-petition if he or she:

  • is still married to a U.S. citizen or an LPR and the marriage was entered into within two (2) years prior to filing; or

  • was married to a U.S. citizen or an LPR and the marriage was terminated by divorce or death within two years prior to filing; or
  • the abusive spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
  • believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

The petitioning spouse may also include unmarried children under age 21.

Things To Note:

  • The U.S. Immigration system is one of the most complex in the world.
  • Immigration rules can be interpreted differently by the various government bodies.
  • Immigration laws and procedures change constantly.
  • A simple mistake can be costly. Expensive filing fees may be lost, and valuable time will never be regained.
  • The best thing you can do to protect yourself from unforeseen problems is to consult with an immigration attorney before you start your case. Be completely honest, because every detail matters!

Why choose ImmigrateFast.com?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families.

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the filed of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Cueva & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Cueva & Associates, you will never be left wondering, “what is my attorney doing?”.

Personal Service. We take our clients seriously. We listen to their concerns and advice them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

  • Top-Rated Attorneys
  • Flat-Free Pricing
  • Interest-Free Flexible Payment Plans
  • Case Status 24/7
  • Committed To Your Success

Benefits

Process

Filing Process

To start the filing process, the battered spouse should complete and file a Form I-360, Petition for Special Immigrant, including all the supportive documentation with USCIS. If the petition is approved, then the petitioning spouse may be eligible for Adjustment of Status, as well as qualifying relatives included in the petition. If the petitioning spouse is in the United States without status, the petitioning spouse may be placed in deferred action to allow him or her to remain in the U.S.

How We Can Help You

  • We will evaluate all of your options and ensure your eligibility
  • We will help you gather necessary documents and evidence
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government entity
  • We will handle all communication with the appropriate U.S. Government entity
  • We will ensure petitions are completed accurately, efficiently, and without delay

Why Choose ImmigrateFast

Why Hire ImmigrateFast.com?

Our immigration attorneys are some of the best. Not only are we experienced and knowledgeable, we are passionate about protecting the rights of immigrants and their families and welcoming new U.S. Citizens!

Immigration law is one of the most complex areas of law. Having ImmigrateFast.com represent you will ensure that your case is handled correctly. Anyone can fill out forms; very few are able to correctly analyze an immigration case. Mistakes can be very costly – you may lose time, money, and the opportunity to live securely with your family.

Our attorneys are completely dedicated to the filed of immigration, and that has enabled us to become experts. In fact, we have a reputation for successfully handling very complex cases. We have been successful in thousands of cases and have earned an "A" with the Better Business Bureau.

Some other notable reasons are:

Value. We believe all individuals and companies deserve to receive high-quality representation at an affordable cost. We offer flat-fee pricing with no hidden fees. At Cueva & Associates, you will never be surprised when you see your bill.

Technology. We use the latest legal technologies and resources. We have access to the latest decisions and have connections to industry experts. Furthermore, we have a comprehensive online database where clients can log in to access information on their case detailing every step taken. With Cueva & Associates, you will never be left wondering, “what is my attorney doing?”.

Personal Service. We take our clients seriously. We listen to their concerns and advice them accordingly. We answer phone calls and emails promptly. We treat our clients with the highest level of respect and professionalism.

Hire us, and we will get it right the first time!

  • Top-Rated Attorneys
  • Flat-Free Pricing
  • Flexible Interest-Free Payment Plans
  • Case Status 24/7
  • Committed To Your Success
Battered Spouse Protection for Immigrants Our Law Firm Typical Law Firm
Price $0 $0
Includes Full Representation Yes No
Flat-Fee Contracts Yes No
Zero Interest Payment Plans Yes No
Price-Match Yes No
24-Hour Case Status Updates Yes No
Specialize in Immigration Yes No
Top-Rated Attorneys Yes No
Award-Winning Customer Service Yes No

Frequently Asked Questions

What happens to my petition Ii the status of my abusive spouse changes?

If an abusive U.S. citizen spouse has renounced their citizenship or a legal permanent resident spouse has lost LPR status, the change in immigration status will not affect the petition after it has been filed. Neither will eligibility be affected if the change in immigration status occurred within two years prior to the filing of the petition. However, a battered spouse is not eligible to apply if the petition was filed two years after the change in immigration status of the abusive spouse.

Is there a fee required to file A VAWA self-petition?

No. A fee is not required for filing a Form I-360, Petition for Special Immigrant under the Violence Against Women Act.

I had no legal status prior to filing a VAWA petition, can I work if my petition is approved?

Yes. Once the Form I-360 is approved and a battered spouse has been placed in deferred action, the petitioner is eligible to work in the United States. To be able to work in the U.S., the Petitioner must file a Form I-765, Application for Employment Authorization.

Read more FAQ about our Battered Spouse Protection for Immigrants service.