Non-immigrant spouses who are victims of abuse can still find relief in United States immigration laws! The US immigration system has extended certain protections for abuse victims to include those with non-immigrant status. No one should have to rely on an abusive spouse or be subjected to extreme cruelty in order to receive immigration status.
An abused non-immigrant spouse may be eligible for work authorization, permanent residency, or a green card. Since each individual’s immigration process will vary, the right legal expertise is crucial in finding the solution that offers the most protections for an abused non-immigrant spouse. The goal is to provide a safe space to start over for those spouses battered or subjected to extreme cruelty, regardless of current immigration status.
What is Form I-765?
By filing Form I-765V, an abused non-immigrant spouse can start the process for an employment authorization document (EAD). The EAD authorizes the individual to seek employment, thereby allowing them to establish their own support systems.
Spouses admitted to the US on A, G, H, or E-3 non-immigrant visas are encouraged to file Form I-765V. Since 1994, the Violence Against Women Act (VAWA) has worked to provide employment authorizations for abused non-immigrant spouses.
How can I get employment authorization as an abused non-immigrant spouse?
To get Employment Authorization as an abused non-immigrant spouse, you’ll need to file Form I-765V. An abused non-immigrant spouse may be eligible for an EAD if they meet the following requirements:
- The abused spouse was most recently admitted to the US with A, G, H, or E-3 non-immigrant status.
- The abused spouse was battered or subject to extreme cruelty by a non-immigrant spouse during the marriage but after the above admission with non-immigrant status.
- The abused spouse has not remarried.
- The abused spouse currently lives in the US.
And don’t worry! Even if the marriage in question has already ended, Form I-765V may still be approved if the following conditions apply:
- The abusive spouse died within 2 years of the other filing Form I-765V.
- The abusive spouse lost their non-immigrant status due to a related domestic violence incident within the 2 years prior to filing Form I-765V.
- The marriage ended within the 2 years prior to filing Form I-765V due to abuse, battery, or extreme cruelty by the abusive spouse.
How can I get permanent residency as an abused non-immigrant spouse?
Abuse victims that are the spouse of a US citizen or lawful permanent resident may be eligible for permanent residency, in addition to work authorization. Thanks to the Violence Against Women Act (VAWA), an abused non-immigrant spouse* may be eligible to receive temporary residency. And after 3 years, those with temporary residency may be eligible for naturalization.
An abused non-immigrant spouse may be eligible for permanent residency if the following requirements are met:
- The abuse victim is (or was) married to a US citizen or lawful permanent resident.
- The abuse victim lived with the abusive spouse.
- The abuse victim experienced battery or abuse during the marriage.
- The abuse victim meets the requirements for an immigrant visa.
- The abuse victim has “good moral character.”
*It should be noted that the abuse victim can be either the wife or the husband.
How can I get a green card as an abused non-immigrant spouse?
Depending on the circumstances, non-immigrant victims of spousal abuse may be able to apply for a U visa. A U visa implies non-immigrant status but provides a legal pathway for an abused non-immigrant spouse to get a green card.
An abused non-immigrant spouse may be eligible for a U visa if the following requirements are met:
- The abused spouse has suffered mental or physical abuse at the hands of their spouse.
- The abused spouse is providing help to government officials such as law enforcement in an investigation or prosecution.
Although the U visa is still a non-immigrant visa, non-immigrant spouses that are abuse victims may be eligible for a green card later if the following requirements are met:
- The abused spouse has lived in the US for a continuous 3 years.
- The abused spouse files an adjustment of status to get a green card.
Get help and hope with an immigration attorney!
The immigration process can get complicated, but no one should have to suffer at the hands of an abusive spouse. If an individual has been battered or subjected to cruelty, they deserve support regardless of immigration status! An abused non-immigrant spouse may be eligible for work authorization, permanent residency, or even a green card.
The experienced immigration attorneys at Laird Law are on your side. Contact us today to explore your options for legal representation and take your first steps to freedom from an abusive spouse. We can help you decide if you should file Form I-765V or apply for a U visa. Learn more about how the Violence Against Women Act can protect abused non-immigrant spouses.
