Special Immigrants
Widows/Widowers of US Citizens/Lawful Permanent Residents
A law recently amended allows widows and widowers of United States citizens to obtain permanent residency even if their marriage was less than two years old at the time of the US citizen spouse’s death.
The petition is filed on Form I-360 and the Affidavit of Support requirement is waived by filing form I-864W.
Abused Spouses of US Citizens/Lawful Permanent Residents
A spouse of a United States citizen is eligible to file a special application for relief under the Violence Against Women Act (VAWA). This is a self-petition that does not require the assistance or signature of the abusive spouse. The petition is filed on form I-360 and requires proof that:
- You were battered or subjected to extreme cruelty during the marriage
- The marriage was in good faith
-You are admissible
- You have good moral Character
An attorney can guide you in reviewing the kind of evidence that will meet the threshold for proving abuse.
A spouse of a Lawful Permanent Resident is also eligible to file a similar petition and can retain the priority date of the I-130 filed by the abusive spouse.
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