Petitions via Violence Against Women Act

Can I self-petition for my green card under the Violence Against Women Act if my husband is a permanent resident, but not a U.S. citizen?

Name withheld, Brooklyn You can self-petition for your green card. Violence Against Women Act (VAWA) self-petitioning is available to spouses of U.S. citizens and permanent residents.

VAWA was enacted to protect spouses of U.S. citizens and permanent residents from spousal abuse. Before VAWA, a spouse petitioner could use the threat of withdrawing the petition to inflict abuse on a spouse seeking legal status.

To get your green card under VAWA, you must prove that you married your husband in good faith. That is, that your marriage wasn’t just so you could get a green card. And you must prove that you are the victim of spousal abuse (or that your husband was abusive to your child).

The abuse can be mental or physical. If your husband has been mentally abusive, such as using the fact that he has petitioned for you to make your life miserable, you should get an evaluation from a mental health professional. Get expert legal help.

A U.S. citizen filed a green card petition for her 24-year-old daughter, thinking that she could interview here for permanent residence. From reading your column, I know that process is called adjustment of status. U.S. Citizenship and Immigration Services approved the petition. On the advice of a lawyer, they filed an adjustment application. USCIS denied it because the daughter was here unlawfully, having overstayed on a visit. If the daughter marries a U.S. citizen, must her husband file a new petition or can they use the one the mother filed? Monique, N.Y.

A. If the daughter marries, her husband must file a new petition. The lawyer gave bad advice. The spouse of a U.S. citizen who overstayed on a visitor’s visa can adjust status based on a spouse petition. For the out-of-status child of a U.S. citizen, the mother would have had to file the petition before the child turned 21. The mother’s petition is useful only if the daughter applies for her immigrant visa at a U.S. consul abroad.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@ allanwernick.com. Follow him on Twitter @awernick.