in order to avoid unwanted deportation, the immigrating spouse and/or marital, minor child suffering abuse from a U.S. citizen spouse will need to take certain steps to protect their immigration interests.

Sometimes life poses nearly impossible circumstances for a marital spouse and that relationship's minor children. Whenever a family is torn apart by a divorce or under significant stress due to instances of spousal abuse or child abuse the stressful side of the U.S. immigration process can become just about the last thing on a citizenship applicant's mind. However, in order to avoid unwanted deportation, the immigrating spouse and/or marital, minor child suffering abuse from a U.S. citizen spouse will need to take certain steps to protect their immigration interests.

1. If the abusive spouse refuses to petition for your U.S. citizenship or petition for the citizenship of a minor, marital child then the spouse or child must file their own petition for citizenship. This is allowed pursuant to the 1994 Violence Against Women Act but the endangered spouse or minor, marital child petitioner must be physically present inside the United States to take advantage of the protects offered by this law.

2. The Violence Against Women Act ("VAWA") petitioner must also be able to evidence all of the following criteria:
a. Proof of physical battery by the abuser spouse or proof of extreme mental cruelty during the marriage
b. A showing that the spouse or marital child enduring the abuse is a person of good moral character
c. Evidence to support that the spouse or marital child who was suffering abuse resided inside the United States with the abusing spouse or parent or that the abusing spouse or parent is a member of the Armed Forces or a U.S. government employee
d. That the spouse suffering the abuse entered into the marriage in good faith

A spouse suffering abuse can petition citizenship on their own behalf under the VAWA and can also petition for the citizenship of minor, marital children that are at risk of abuse or that are currently suffering parental abuse. If necessary, a minor, marital child can self-petition for citizenship under the VAWA. If you or a family member is suffering physical or mental abuse due to the actions of a parent or a spouse it is important that you understand and be aware that you have options. It may be important for you to get access to help and the first step toward that end may be contacting an immigration lawyer and a representative of the Unites States Department of Immigration. Just know that there is still a way to become a U.S. citizen and begin living a life that is free from spousal or parental abuse.

Please feel free to set up a free initial consultation with Attorney Hendrik Pretorius today to consider your options.