Law Offices of Robert J. Jacobs, P.A.

Abused Spouse/Child of U.S. Citizen or Lawful Permanent Resident

Abused spouses and children may self-petition for permanent residence if they have been a victim of abuse by their U.S. citizen or lawful permanent resident spouse or parent.

Who is eligible to file an Abused Spouse/Child petition?

The following persons are eligible to file an abused spouse/child petition:

1. Spouse: A battered spouse married to a U.S. citizen or permanent resident. The petition may include the battered spouse's unmarried children under the age of 21 as derivative beneficiaries.

2. Child: A battered child (under 21 years of age and unmarried) who has been abused by a U.S. citizen or lawful permanent resident parent. 

Criteria for Abused Spouse:

1. Must be married to a U.S. citizen or lawful permanent resident of the United States; or the marriage has been terminated within one year of filing the petition;

2. Is currently residing in the United States;

3. Has resided with the U.S. citizen or lawful permanent resident spouse;

4. Has been battered or been the subject of extreme cruelty by the U.S. citizen or lawful permanent resident spouse;

5. Is a person of good moral character; and

6. Entered into the marriage to the U.S. citizen or lawful permanent resident in good faith.

Criteria for Abused Child:

1. Must be an unmarried child under the age of 21 of a U.S. citizen or lawful permanent resident of the United States.

2. Is currently residing in the United States.

3. Has resided with the U.S. citizen or lawful permanent resident parent.

4. Has been battered or been the subject of extreme cruelty by the U.S. citizen or lawful permanent resident parent.

5. Is a person of good moral character.

How Do I File an Abused Spouse/Child Petition?

The abused spouse/child petition is filed at the USCIS Vermont Service Center.  Once the petition is approved, the abused individual may apply for adjustment of status, if a visa number is available. Abused spouses and children of U.S. citizens are considered as immediate relatives and can file for adjustment upon approval of the petition.  Abused spouses and children of lawful permanent residents are considered within the family-based 2A category and can file for adjustment of status once their priority date is reached.

Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category.

To request a consultation regarding a petition as an abused spouse or child of a U.S. citizen or lawful permanent resident, please contact our office here.