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SPECIAL IMMIGRANT
Subcategory: Violence against Women Act (VAWA), Spouse of a U.S. Citizen, Derivative
REQUIREMENT 2. During the marriage, your U.S. citizen parent battered you or your another parent.
REQUIREMENT 3. Your battered parent is now residing or has resided with the batterer in the past.
REQUIREMENT 4. The marriage either (a) exists or (b) terminated (by death, divorce or annulment) less than two years ago, and your battered parent has not remarried.
REQUIREMENT 5. If the marriage terminated by divorce or annulment, then there is a connection between the termination of the marriage and the battery.
REQUIREMENT 6. The batterer either (a) have not lost U.S. citizenship or (b) lost it less than two years ago, as a result of an incident of domestic violence.
REQUIREMENT 7. Your battered parent entered into the marriage in good faith.
REQUIREMENT 8. Your battered parent is a person of good moral character.
REQUIREMENT 9. Your battered parent is a VAWA Self-Petitioning Spouse.
OTHER REQUIREMENTS
Is a job offer in the U.S. required? - No.
Is Labor Certification required? - No.
Is Prevailing Wage Determination required? - No.
Is proficiency in English required? - No.
Is a minimum education required? - No.
Is a minimum or maximum age required? - No.
Is an Affidavit of Support required? - No.
Is a proof of funds to start life in the U.S. required? - No.
Can your family members get green cards as derivative beneficiaries? - Yes.
1. Authoritative sources directly relevant to this category (in general-to-specific order):
- Green Card for VAWA Self-Petitioner
https://www.uscis.gov/green-card/green-card-vawa-self-petitioner - 8 CFR 204.2
https://www.ecfr.gov/cgi-bin/text-idx?SID=e95683880702680895931c6ff67ba2c9&mc=true&node=se8.1.204_12&rgn=div8 - USCIS: AFM 21.14
https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-6262.html#0-0-0-411