If you or someone you know is holding onto an abusive marriage out of fear they'll be out of status and deported, it is important to understand the power of an I-360 Self Petition.
The I-360 self-petition form is used for multiple purposes. The Violence Against Women's Act (VAWA) section of the I-360 allows women and men subject to abuse to file for Adjustment of Status without his or her abusive spouse.
It is important to seek immigration legal counsel's guidance on the steps needed to self petition and immediately leave an abusive situation. One should not mention or disclose to abusive spouse the intent to self-petition. Before leaving the relationship if possible, gather all evidence that your marriage was bona fide, pictures of marriage and courtship, vital statistic documents (example: marriage and birth certificates), and copies of Notices received from the U.S. government.
If you have minor children, they may also receive derivative permanent resident status based the parents petition.
Our attorneys are members of the American Immigration Lawyers' Association ("AILA"), and have over 21 years of experience in U.S. Immigration matters. We are standing by to answer questions. We serve clients through the United States and abroad.