If you were the victim of domestic violence at the hands of a U.S. Citizen or Lawful Permanent Resident spouse or parent, you may file a self-petition. There are several requirements to be met. The Southern California’s Hart Immigration has been successful with these types of cases administratively before USCIS or in Immigration Court, including the difficult cases of proving extreme cruelty with no physical harm and battery with no police reports.

Battered Spouse or Child:

Whether you are still living with, separated or divorced from your spouse, you qualify for the waiver if you entered into the marriage in good faith. Additionally, you must show that you or your child was battered by or subjected to extreme cruelty by your spouse or parent.

If you were the victim of any act or threatened act of violence, including forceful detention, which results or threatens to result in physical or mental injury, you have been battered by and subject to extreme cruelty. Acts of violence include sexual abuse or exploitation, including rape, molestation, incest or forced prostitution.

Due to the confidentiality of the information, the documentary evidence in these types of waivers is extremely sensitive and varies on a case-by-case basis.