If you are an undocumented parent whose U.S. citizen son or daughter has been abusive towards you, you may qualify for immigration status under VAWA (Violence Against Women Act). Qualifying parents include stepparents if the marriage occurred before the abusive son or daughter turned 18 years old, and certain adoptive parents. This kind of application does not require that you contact the police nor that your child be prosecuted for any crime. Psychological or emotional abuse will also be considered “abuse.” However, you will be required to write a statement about what happened between you and your child. In addition, you must meet the following requirements:
- Your son/daughter must be at least 21 years old at the time the application is filed
- You must submit evidence of the abuse which can include police reports and/or your own statement, or other evidence
- You must currently reside or have resided in the past with your abusive son or daughter
- You must be a person of good moral character
The application process is confidential. Your son or daughter is not involved in the process, nor required to admit any wrongdoing.
We understand how distressing it can be if you are feeling abused and are worried about your undocumented status. Call us at (727) 471-0667. We can help.