Featured News 2013 Immigration & Citizenship for Battered Spouses and Children

Immigration & Citizenship for Battered Spouses and Children

The topic of domestic violence and abuse is one that is permeating our culture on a global scale. Battered spouses and children around the world are being placed in grave danger because of their abusive family members or partners. When it comes to matters of immigration and filing for citizenship, the United States seeks to help those who are under these types of hardships by offering them protection through applying for an immigrant visa in the states that one might not have been able to receive otherwise. Under the Immigration and Nationality Act (INA), which was amended by the Violence Against Woman Act (VAWA), those from other countries may have the opportunity to apply for an immigrant visa petition in order to protect themselves and their children from abuse.

Many may think that battered spouses are only for woman, and while this is the case more often than not, there are also a number of men whose lives are being placed in danger from abusive wives as well. For this reason the VAWA offers provisions for both men and woman to apply for visas and under this act they will then obtain permanent residency here in the U.S. and will need not seek congressional reauthorization in order to keep staying here after a certain length of time. In the event that you are in eminent danger, the National Domestic Violence Hotline is available to both immigrants and citizens alike, and by calling 1-800-799-7233 or 1-800-787-3224 for help they can direct you with a number of shelters, mental health care units, legal assistance and anything else you may need in your times of trouble. By contacting an immigration attorney as soon as possible, they will seek to do whatever they can in order to help place you and your children back into a safe environment and hopefully obtain a visa in order to remain here in the U.S.

There are a few different types of eligibility categories for battered family members. First, if you are a here in the U.S. and were abused by your spouse who is either a resident or U.S. citizen, then you may file for this visa. As long as your children are under the age of 21 years, they too can be added into this petition for battered spouses. If you are a parent of a battered child, you realize that it is in their best interest to get them away from their violent parent who is either a permanent resident or a U.S. citizen. By filing the petition as a parent, you can include both abused and non-abused children in order to protect them from their parent. Also, in the event that your child is a U.S. citizen and they are abusing you as the parent, this petition also qualities for that as well. Lastly, if you are an abused child under the age of 21 years old, it is within your right to file a petition of abuse if your parents are U.S. citizens or permanent residents. As long as you are not over the age of 25, you can file for this petition as well as any of your children if you have them, whether or not they are being abused. The sooner you apply the better, however if you do apply at the age of 24 for example, if you can explain hat the reason for your not apply was due to the abuse then you may be able to proceed.

For more information regarding citizenship for battered spouses and children, please use our website to find an immigration attorney in your area, today.

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