| Victims of spousal abuse often face a very serious | | | | conditional status requires filing of "joint petition". |
| two-fold problem: bad marriage and fear of not | | | | The law rescues victims of such domestic abuse by |
| getting the green card. It forces lot of people to | | | | allowing him or her to file a petition on their own, or |
| stay in the marriage, without the free will. | | | | self-petition, if he or she meets certain legal |
| Often what happens is that United States Citizen | | | | requirements. the Violence Against Women Act |
| gets married and the foreign national spouse files for | | | | (VAWA) is an important piece of legislation that |
| permanent resident status. While the application is still | | | | provides the ability for victims of domestic abuse to |
| pending, the spousal abuse starts. Abuse can be | | | | self-petition for permanent residence, removal of |
| physical (hitting, beating, etc.) or it could be mental | | | | conditions on permanent residence, or naturalization. |
| (verbal, non-verbal, etc.). The foreign national spouse | | | | The requirements primarily are: entering the marriage |
| has to either "put up" or "get out of the marriage". | | | | in good-faith and abuse by the United States Citizen. |
| If foreign national wants to get out, here is the | | | | The abuse has to be properly documented, for |
| dilemma. Under the law, permanent resident status, | | | | example, in the case of physical abuse, there should |
| based on marriage petition, is only granted after an | | | | be either documentary proof (police report) or |
| interview at which both the spouses have to be | | | | witness. Mental abuse is difficult to prove but it has |
| physically present. Similarly, after the first grant of | | | | to be constant and serious and best way to |
| permanent resident status, status is issued | | | | document is by way of psychological evaluation. |
| conditionally for two years only, and removal of such | | | | |