What is a Battered Spouse Petition?

U.S. immigration law permits U.S. citizens and legal permanent residents to apply for an immigrant visa for their children and for their spouse. This law is intended to keep families together, but in some unfortunate situations it has provided the opportunity for abusive parents or spouses to use their position to further intimidate the person who they should be looking to help and protect. Once this problem became apparent, the government enacted protections under the Violence Against Women Act, providing victims of abuse a way to apply on their own behalf, thus helping them to escape from the control of their abuser. The method that has been made available is known as the “battered spouse petition.”

The battered spouse petition allows battered immigrants a way to seek citizenship without being bullied or physically abused. Spouses and children of abusive U.S. citizens or legal permanent residents are able to file this petition, and so are parents of children under the age of 21 who have been abused and parents of a U.S. citizen who have been abused by their U.S. citizen or legal permanent resident son or daughter.  They are able to file for immigration relief without needing their abuser’s permission, and they don’t even have to notify them about their application. The law provides essential protections and remedies for those who are vulnerable to abuse and who would otherwise be essentially captive to their abuser.

Those who are eligible include:

  • A battered spouse married to a U.S .citizen or lawful permanent resident. This petition can include unmarried children under the age of 21 who have not filed their own petitions.
  • Parents of children under the age of 21 and unmarried who have been abused by a spouse who is a U.S. citizen or lawful permanent resident. If you have children who have not been abused they can be included on the same petition.
  • Children who are under the age of 21, unmarried, and who have been abused by their parent who is a U.S. citizen or lawful permanent resident. If you have children under the age of 21 and unmarried, they too can be included on your petition whether your son or daughter has abused them or not.

The requirements for filing a battered spouse petition for immigration relief are highly complex. The most important thing for somebody who is being battered by a U.S. citizen or legal permanent resident to know is that this relief is available, and that we can help you to access it. Contact us today for more information.