Spouse: You may self-petition if you are the battered spouse of a U.S. citizen or lawful permanent resident. Your children who are unmarried and under the age of 21 may also be eligible to file on your petition.
Parent: You may self-petition as the parent of a child who has been abused by a U.S. citizen parent or legal permanent resident.
Child: You may also petition as the child of a U.S. citizen parent or legal permanent resident who has abused you.
Applicant must prove:
- was legally married to the U.S. citizen or lawful permanent resident batterer. A petition may also be filed within 2 years of termination of the marriage by death or divorce;
- battery occurred in the United States unless abusive spouse is employed by the United States government or military;
- battery or extreme cruelty occurred during the marriage;
- applicant is of good moral character; and
- applicant entered into the marriage in good faith.