Battered Spouse Petitions

Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA) has given a series of benefits to eligible victims of domestic abuse. Persons who have been subject to violence or abuse by their spouse or parent who is either a US Citizen or lawful permanent resident qualify for relief. This relief includes the opportunity to become a lawful permanent resident, as well as the possibility of receiving government funding or assistance while awaiting lawful permanent residence.

To qualify for relief, the applicant will need to establish the following:

  • The applicant was, or still is, the spouse, child or stepchild of a US citizen or lawful permanent resident
  • The marriage was entered in good faith,
  • The applicant is of good moral character, and
  • He or she has been abused, or subjected to extreme cruelty during the marriage.

Please be aware that any form of abuse is relevant, including psychological abuse. Further, a wide variety of evidence can be used to demonstrate that the applicant qualifies for relief. However, each applicant must provide a detailed affidavit disclosing the history of the relationship from its inception to how he or she has been abused, or subjected to extreme cruelty during the marriage.

It is important to realize that legal representation is essential in this delicate process due to the difficulties in providing proof of a good faith marriage, of domestic abuse, and good moral character.

Contact the Law Office of Eric Horn, PC at (631) 435-7900 or contact him online to schedule a consultation.