Battered Spouse Petition
Under the Violence Against
Women Act (VAWA) passed by Congress in 1994, the spouses and
children of United States citizens or lawful permanent residents
(LPR) may self-petition to obtain lawful permanent residency.
Where to Get
Immediate Help
Victims of domestic
violence should know that help is available to them through
the National Domestic Violence Hotline on 1-800-799-7233
or 1-800-787-3224 [TDD] for information about shelters,
mental health care, legal advice and other types of assistance,
including information about self-petitioning for immigration
status.
· Crisis line
· Abuse counseling
· Women's groups
· Immigrant and ethno
cultural groups
· Aboriginal groups
· Women's shelters
· Women's resource centers
· Community health centers
· Family doctor
· Police
Local Domestic
Violence Shelters
Alexandria
Domestic Violence Program |
421
King St., Ste 400
Alexandria VA 22314
|
Hotline/Crisis:
703-838-4911
Toll
Free : (800)838-VADV
Business
: 703-838-4911
|
Northern
Virginia Family Service |
5249
Duke Street, Suite 308
Alexandria VA22304
|
Business
: 703-370-3223 |
Arlington
Community Temporary Shelter, Inc. |
P.O.
Box 1258
Arlington VA 22210
|
Business:
703-522-8858 Hotline/Crisis
: 703-237-0881
|
Victims
of Violence |
1725
North George Mason Dr. Arlington VA 22205 |
Business:
703-358-5150 Hotline/Crisis
: 703-358-4848
|
Bethany
House of No. Virginia |
5901
Leesburg Pike
Falls Church VA 22041
|
Business:
804-998-8811 Hotline/Crisis
: 804-256-3526
|
Route
One Corridor Housing, Inc. |
P.O.
Box 6465
Alexandria VA 22306
|
Business
: 703-768-3400 |
Rappahannock
Council on Domestic Violence |
P.O.
Box 5923
Fredericksburg VA
22403 |
Business:
703-373-9373 Hotline/Crisis
: 703-373-9373
|
Clich
here for more locations of Domestic Violence Shelters
What is the Process
The preparation of
the documents for Battered Spouse Petition takes approximately
1 to 4 months depending on client's cooperation. After a comprehensive
review of your case, our Battered Spouse Petition specialists
will prepare a list of possible documents to support your claim.
Our staff will not only help you with your legal questions,
but will also help you cope with the stressful situation. We
work with psychologists that help our clients. Following documents
may be presented as evidence of bona fides of marriage:
• Photographs
that show both spouses together and with family and friends.
These photographs can be taken at the wedding, at other functions
or events, and throughout their relationship.
• Letters
between the couple before the marriage, with their postmarked
envelope.
• Evidence
of trips the couple has taken together, including bills and
receipts reflecting hotel stays, car rental, plane tickets,
postcards sent to family members while on the trip.
• Apartment
lease or a letter from the landlord indicating that both spouses
live at the apartment or copies of rent receipts showing both
parties' names.
• Evidence
of correspondence between parties, including letters, birthday
and holiday cards, telephone calls, and other correspondence
addressed to the parties.
• Religious
marriage certificates if the couple had a church wedding.
• Copies of
gas, electric, telephone and other utility bills.
• Evidence
of joint ownership of an automobile.
Types of Spousal
Abuse
Emotional Abuse
can include threats and intimidation, demeaning and
degrading verbal and body language, control and isolation, subordination
and humiliation. Victims may suffer serious loss of self-esteem
and experience feelings of shame, anxiety, hopelessness, depression
and terror.
Sexual Abuse
- Sexual acts within a marriage or intimate partnership
must take place with consent. There is no “right” to sexual
relations.
Physical Violence
can involve a threat with a fist or object; being
pushed or shoved in a way that could result in injury; being
slapped, hit or beaten; being hit or attacked with an object.
Possible Evidence
of Abuse can be medical bills, photographs
taken by a friend or neighbor at the time you are
bruised or wounded by abuse, witnesses confirming
your abusive relationship, reports from a psychologist
and etc.
It takes courage to get
out of an unhealthy relationship and talk to a lawyer. Our firm
will provide the needed friendly and individual environment
and listen to your story.
About the VAWA
Act of 1994
The Act is generally
designed to improve on efforts made in 1994 to prevent immigration
law from being used by an abusive citizen or lawful permanent
resident spouse as a tool to prevent an abused immigrant spouse
from reporting abuse or leaving the abusive relationship. In
the case of the abusive relationship, an abusive citizen or
lawful permanent resident can use control over his or her spouse's
visa as a means to blackmail and control the spouse. The abusive
spouse would do this by withholding a promised visa petition
and then threatening to turn the abused spouse in to the immigration
authorities if the abused spouse sought to leave the abuser
or report the abuse. VAWA 1994 changed this by allowing immigrants
who demonstrate that they have been battered or subjected to
extreme cruelty by their U.S. citizen or lawful permanent resident
spouses to file their own petitions for visas without the cooperation
of their abusive spouse.
