If your United States citizen spouse or lawful resident spouse abused you physically or mentally, you can file a self-petition, form I-360, as an abused spouse and if granted by USCIS, would allow you to pursue your permanent resident card without any involvement from the abusive spouse.
In 1994, Congress passed the Violence Against Women Act (VAWA), permitting alien battered spouses and children of U.S. citizens and legal permanent residents to petition USCIS on their own behalf rather than relying upon the abusive spouse/parent’s petition. However, the provisions of IIRAIRA made self-petitioning difficult. The Battered Immigrant Women Protection Act of 2000 (VAWA 2000) was enacted to remove some of those obstacles and to strengthen the original VAWA legislation
There are several requirements for the self- petitioner, among them that the marriage was entered into in good faith, that the petitioner has good moral character and is otherwise eligible for immediate relative status or preference status.
To inquire about eligibility to file a VAWA petition, please contact the Law Offices of Raul Ray at (408) 279-5793.