Freeing Yourself from an Abusive Relationship

Usually, to immigrate to the United States through a spouse or family member, the immigrant and their U.S. Citizen or Lawful Permanent Resident family member participate in the process together. But when an immigrant finds him or herself in an abusive relationship, it may feel like there is no way out.

Recognizing this is the reality for many immigrants across the country, Congress passed what is known as the Violence Against Women Act (“VAWA”) and created a process for immigrants married to abusive Citizens or green card-holders to apply for a green card on their own, without interference or assistance from the abusive spouse. (This relief may also be available to children of abusive parents and parents of abusive children). 

To be eligible to “self-petition” under VAWA, you must be married (or divorced within two years—unless in removal proceedings) to a U.S. Citizen or Lawful Permanent Resident and you must have entered into that marriage in “good faith” (in other words, for love, not for immigration purposes).

You also must demonstrate to USCIS that you lived with your abusive spouse and were subjected to physical abuse or extreme cruelty, consisting of a pattern of abusive behavior. Finally, you must also demonstrate that you have good moral character.

If you feel that you have been or are currently in an abusive relationship, it is important that you first make sure that you feel safe. Please refer to the Resources tab below to find access to organizations in the community who are here to help you.

If you feel that you are ready to tackle the immigration portion of your journey to freedom from abuse, we encourage you to schedule a consultation where we can evaluate your eligibility. All meetings, as with all our communications with our clients, are confidential and will not be shared with your spouse or abusive relative. 

Domestic Violence Resources

DOVE (Domestic Violence Ended) https://www.thehotline.org

Massachusetts Office for Victim Assistance https://www.mass.gov/orgs/massachusetts-office-for-victim-assistance

MAPS The Massachusetts Alliance of Portuguese Speakers (MAPS) provides a wide range of health and human services to Portuguese speakers and other residents of eastern Massachusetts. https://maps-inc.org

Voices Against Violence (VAV) Free and confidential services to victims of domestic/partner violence and sexual assault/rape in the Metrowest area. Services are provided in English, Spanish, and Portuguese and are available to everyone, regardless of sexual orientation or gender identity. https://www.smoc.org/voices-against-violence.php

Jane Doe Inc Massachusetts Coalition Against Sexual Assault and Domestic Violence https://www.janedoe.org

Asian Task Force https://www.atask.org/

Gay Men’s Domestic Violence Project https://nationaltoolkit.csw.fsu.edu/resource/gay-mens-domestic-violence-projects-24-hour-hotline-1-800-832-1901/