An Option for Battered Spouse

In certain cases, it is possible for the spouse of a U.S. citizen ("USC") or lawful permanent resident ("LPR") to self-petition for lawful permanent residence. This application can be completely unconnected to an application by the U.S. citizen or lawful permanent resident on his/her behalf. In certain cases, it is wise to have an abused spouse petition filed with C.I.S. at the same time a petition from the USC or LPR spouse is pending. This way, the abused spouse does not need to continue to suffer abuse while waiting for their final interview with C.I.S.  

To qualify for the self-petition, the abused spouse must demonstrate that he/she:

• is residing in the U.S.;

• has been physically battered or suffered extreme mental cruelty inflicted by the citizen or lawful permanent resident;

• entered into the marriage in good faith;

• is otherwise eligible for immediate relative or preference status (i.e., not inadmissible to the United States on criminal or other grounds);

• is a person of good moral character; and

The law prohibits C.I.S. from taking into effect statements made against the abused spouse by the abusive spouse. The law also allows minor dependent children of the abused spouse to be included in the petition.

In order to explore your options further regarding this self-petition, please call Neil F. Lewis, Esq. at (888) 501-7988.

Neil F. Lewis, Esq.