Reach wants you to know

How Do I Apply for Immigration Benefits as a Battered Spouse or Child?

Generally, U.S. citizens and Lawful Permanent Residents filean immigrant visa petition with the U.S. Citizenship and Immigration Services on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. Petition for Alien Relative is filed by the USC/ LPR, the petitioner, on behalf of the family member who is the beneficiary.The petitioner controls when or if the petition is filed. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, or by threatening to report them to the USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to filefor immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status. You can also call Reach of Clay County @ 828.389.0797 for more information.

To be eligible to filea selfpetition (an application that you filefor yourself for immigration benefits)you must qualify under one of the following categories: Spouse, Parent or Child:

To self-petition, you must complete and fileUSCIS Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and include all supporting documentation. Self-petitions are filed with the Vermont Service Center and should be sent by certified return receipt mail (or any other method providing assurance of receipt). Sending the Form I-360 to any other USCIS officewill delay your application. You should keep a copy of everything you submit, including the application and all accompanying documents, in addition to the proof of mailing.

Forms are available at the USCIS web page (http://www. uscis.gov), in person at a USCIS office,by calling 1-800- 870-3676, or by submitting a request through the USCIS forms by mail system.

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