Legal Question in Immigration Law in California

Am i eligible under VAWA immigration as spouse being (1)married to US citizen and (2) parent of a child who has been subjected to abuse by his U.S. citizen parent

The child abused in the following manner:-I am an Indian married to U.S. citizen who has deserted me and our baby.The father of the child who is a USA citizen has abused his child badly and left his child (without informing) when he was merely 2 months old and was suffering from both kidney problem .After going to USA father got gainfully employed there .The father never bothered to get his child any treatment for his kidney problem and also never provide any financial help to his own child . He also did not file papers to get his child USA citizenship that he deserves through naturalization and also never visited his son to give him any moral or emotional support. Me and my child has never been to US and abuse to the child didn�t happen in US but he is otherwise maltreated by his father .2 questions I want to ask if someone can clearly answer:-

1)Can I apply under eligibility requirements of a spouse i.e. (1)Married to a US citizen(2)Also the parent of a child who has been subjected to abuse by his US citizen parent.I know the abuse needs to happen in US if I am applying as a spouse that is not the case with me(as I was abused in India) but eligibility requirements also says that if I am also a parent of a child who has been subjected to abuse by his US citizen parent than I can apply .So my confusion here is that abuse to the child should also be there in USA only or it could be anywhere as in my case the child is left to India and never been to USA.

2)If I am eligible above than does that mean that me and my child both will get green card (if approved)or is it only my child who will get a green card or US citizenship. Child is otherwise deserves US citizenship being a child of US citizen but his father is not willing to file for his own child?


Asked on 5/17/12, 5:39 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, you and/or your child cannot file under VAWA if you are not present in the United States. Also, if the abuse did not occur in the United States, then the U.S. citizen abuser is required to have worked abroad for the government or as part of the military when the abuse occurred abroad.

I recommend you go to the USCIS website (www.uscis.gov) and review the Fact Sheet entitled "USCIS Issues Guidance For Approved Violence Against Women Act (VAWA) Self-Petitioners" (April 11, 2008). Also, review the link on the USCIS website "Battered Spouse, Children & Parents", which will provide you with the criteria for eligibility.

From what you describe, it does not appear that either of you qualify for VAWA. However, you can always seek a consultation with a U.S. Immigration Attorney, if possible.

Good luck to you & your child.

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Answered on 5/17/12, 6:19 am


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