Spousal abuse and greencard petition
US Immigration Question:
I have been married to a legal permanent resident for over 1 year. He refuses to file for my green card. Moreover, he abuses me and our little baby. Can my baby, who was born in America file for my green card?
US citizen children must be 21 years old before they are able to sponsor their parents for green cards.
However, Congress passed a law on September 13, 1994 that allows battered spouses and children to sponsor themselves for a green card. The intent of the law is to limit the ability of an abusive citizen or green card holder to use the US Immigration laws to perpetuate further violence against a spouse or child residing in the US
There are two main components to a self-petition by a battered spouse or child:
EVIDENCE OF ABUSE
Samples of evidence used to prove abuse includes, but not limited to the following:
If you are a victim of abuse, do not worry that you are in the United States illegally. The laws recognize this possibility and forgive you. Unfortunately, since you are married to a green card holder, you will have to wait about 5 years before you get your green card. But do not worry. During this waiting period you will be given a work card. [if you are married to an abusive US citizen you would get your green card immediately.]