Battered or abused spouses of a U.S. citizen or lawful permanent resident may file their own immediate relative or preference petitions without the abuser's assistance or knowledge. To qualify, the alien spouse must be a person of “good moral character,” must have entered the marriage in good faith, resided in the United States with the citizen/permanent resident spouse, and been battered or subjected to “extreme cruelty” by the citizen/permanent resident spouse.
The self-petitioning spouse,
1. Must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
2. Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
3. Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
4. Is required to be a person of good moral character.
5. Must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.
The self-petitioning child:
1. Must qualify as the child of the abuser as "child" is defined in the INA for immigration purposes.
2. Any relevant credible evidence that can prove the relationship with the parent will be considered.
There will be no fee for: Self-petitioning battered or abused spouses, parents or children of U.S. citizens or permanent residents
1. Provide “Battered or Abused Spouse/Child” questionnaires
2. Provide document checklist
3. Review your personal qualifications
4. Confirm that the self petition is appropriate for you
5. Prepare application forms and guide you to prepare supporting documents
6. Compose application letter/cover letter of the case
7. Submit your application with USCIS and keep your file
8. Keep correspondence with USCIS
9. Keep you informed of the case status
10. Provide online access to your case status
11. Assist you in response to Request for Evidence, if any
This service fee is the basic reference price, which may be adjusted case by case.
Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.
$250 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).