How to get a Green Card if you are a victim of domestic violence
According to U.S. law, a spouse – victim of domestic violence can anonymously file an I-360 petition. Neither involvement nor a consent of another spouse is required. Please note that violence is not limited to only a physical abuse, it is a wider term that in addition includes psychological, financial abuse, manipulation, discrimination, threats of deportation etc.
Spouse of any gender (male or female) in a heterosexual or the same sex marriage can apply. It is important to note that the marriage must be officially registered. Only religious marriages will not qualify.
Applying for protection from domestic violence is available to victims regardless of their status; even illegal immigrants can apply.
However, the abusive spouse has to be a US citizen or green-card holder.
How can a domestic violence victim file an I-360 petition with the U.S. Immigration Service
- You must provide evidence and documents confirming your marriage is legitimate. In order words, you didn’t get married only with the intent to immigrate. The following documents can serve as evidence – family photos, testimonies of your family members and friends, joint valuable purchases (real estate, cars etc). Posts from social media platforms also can serve as evidence. In case of a doubt, you can consult an immigration lawyer.
- You need to present evidence that the abusing spouse is either a permanent resident (green card holder) or a US citizen. Please note, you can not file a petition if the abusing spouse is in the US illegally or on a visa.
- You must provide evidence of a joint household and joint cohabitation with the abuser.
The best immigration lawyers in the United States will always help you gather evidence from your neighbors, relatives, and other witnesses. It’s very important to confirm that you have been actually living with your spouse and have suffered from domestic violence.
- You must prove the facts of domestic violence.
The best evidence is medical records stating the physical violence, police records. Please do not forget that violence can be in the form of a moral abuse causing significant emotional and psychological trauma. Examples can be persistent jealousy, manipulation, threatening to initiate a deportation process, refusal to apply for or support a petition for a green card. Collecting evidence of domestic violence can be a challenging task, so you may seek assistance from professionals.
- You will have to provide evidence of your good character. You will have to obtain a police report showing absence of your criminal records. In case you have lived in several states in recent years, potentially you will have to get a similar document from the FBI.