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Effective: June 1, 2011 |
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11.25.05ar3 - Battered Noncitizens (Archive) |
Archived: June 1, 2012 |
U.S. citizens and LPRs may file an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. The petitioner controls when or if the petition is filed. Unfortunately, some petitioners misuse their control of this process by abusing their family members, or by threatening to report them to the USCIS. As a result, most battered noncitizens are afraid to report the abuse to the police or other authorities.
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.
Battered noncitizens are victims of domestic violence who are attempting to become lawful permanent residents (LPRs). Battered noncitizens can self-petition for permanent residency if they do not already have this immigration status.
l The battery or cruelty must have been committed in the U.S. by a spouse or parent who is a U.S. citizen or LPR and was living in the same household.
l The battered person must no longer live in the same household as the batterer.
l USCIS determines that battery or cruelty has occurred and approves the petition for adjustment of immigration status. Workers do not need to determine whether battery or cruelty occurred.
Exception: The county agency or MinnesotaCare Operations may need to make a determination of battery or cruelty for certain sponsored noncitizens. See Sponsor Deeming Exceptions for further information.
See Federally or State-Funded Health Care for information about funding health care for battered noncitizens.
No provisions for this status.
Require one of the following:
l An approved self-petition filed with USCIS under the Violence Against Women Act (VAWA) on Form I-360.
l An I-360 petition is pending with USCIS and USCIS has issued an I-797 Notice of Prima Facie Determination. ”Prima facie” means that a fact is established unless disproved.
l An application for VAWA cancellation of removal or suspension of deportation has been granted or is pending and the immigration court finds that the applicant has made a prima facie case.
Note: Children of the self-petitioner may also derive immigration status from the self-petition. USCIS should list the names of qualifying children on the Notice of Approval or the Notice of Prima Facie Determination.
If these noncitizens do not have a legal immigration status, USCIS may place them in a ”deferred action” status at the time the self-petition is approved. See Other Lawfully Present Noncitizens for more information about this status.
The battery or cruelty must have a substantial connection to the need for health care coverage. See Substantial Connection to Battery for information on verifying substantial connection.
See Sponsor Deeming for exceptions to deeming for battered noncitizens.