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Applying for a Green Card as a Victim of Abuse

Updated: Jul 30, 2023


Applying for lawful permanent resident (LPR) status also known as a green card through refugee or asylee status requires that you have obtain the refugee or asylee status 12 months (one year) before applying for the green card.

To be eligible for a green card as an asylee, you must meet the following requirements:

1. Green card through family

2. Green card through employment

3. Green card as a “Special Immigrant”

4. Green card through refugee or asylee status

5. Green card for human trafficking and crime victims

6. Green card for victims of abuse

7. Green card through other categories

8. Green card through registry


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A person may apply for lawful permanent residency status also known as a green card if they have been the victim of abuse, especially battery or extreme cruelty (yet not limited to). To be approved for a green card as a victim of abuse, you must meet the following criteria:

In case of a VAWA self-petitioner – victim of battery or extreme cruelty:

  • The abused spouse of a U.S. citizen or lawful permanent resident (green card holder)

  • The abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident (green card holder)

  • The abused parent of a U.S. citizen

In case of a Special Immigrant Juvenile (SIJ): You are a child who has been abused, abandoned, or neglected by your parent and you have SIJ status.


SIJ Status - The Special Immigrant Juvenile (SIJ) classification provides certain children who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law the ability to seek lawful permanent residence in the United States.


In the case of an abused (victim of battery or extreme cruelty) spouse or child under the Cuban Adjustment Act - The abused spouse or child of a Cuban native or citizen


In the case of an abused (victim of battery or extreme cruelty) spouse or child under Haitian Refugee Immigrant Fairness Act (HRIFA) - The abused spouse or child of a lawful permanent resident (green card holder) who received his or her green card based on HRIFA.


HRIFA - Haitian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Haitian nationals (and their spouses and children) who were paroled into the United States or filed for amnesty before December 31, 1995.


If applying for a green card is relevant to you in any kind of way and/or extent, make sure to acquire the professional legal services of a U.S. immigration attorney. If applying for a green card as a victim of abuse is not the right green card application process for you, continue to read our other posts about how to obtain green card status.



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