Adult Children Applying for VAWA I-360 Green Cards

 “It’s a deal my brain made with my subconscious to keep me comfortable.” When I heard these words, they rang so true. We need our adult brains to make this deal, to keep us comfortable, especially to forget the way our parents mistreated us.

Foreign-born persons (noncitizens) who survived childhood mistreatment can apply to get a green card if the harming parent was their U.S. citizen or legal permanent resident parent. So, to get the green card, they MUST remember their childhood and talk about it with an immigration attorney who wants to help them. The Violence Against Women Act (VAWA) I-360 helps sons and daughters get an I-485 green card even if they entered the U.S. without permission, even if they worked without permission, and especially if their parent is not helping them get a green card.

How Much Child Abuse is Needed for I-360 VAWA?

The term “abuse” for an I-360 VAWA Violence Against Women Act) case has a different definition than to have someone arrested for the crime of abuse.  In fact, a noncitizen can be granted a green card as an abuse survivor even if they have never been touched physically. Survivors and I can testify, certain words hurt more than a punch.

Abuse is ANY act that is used by one person to have power and control over another. A parent who slaps a child has physical power over the minor because the parent may be stronger. This slap can be abusive. A parent coercing or intimidating or frightening a daughter into cleaning the house, saying that she must do it or some terrible harm will happen, is also abuse. A parent beating a family pet to get control over a son is also abuse. A parent isolating, putting down, humiliating, or neglecting a child are all different examples of abuse.

Because Blandon Law attorneys have helped I-360 VAWA survivors get green cards, we know the questions to ask our clients. Those answers are used to write up a personal statement that is then sent to the US Citizenship & Immigration Service, as evidence to help with the case. It is hard work, and it is our privilege to do it.

Can Apply Until Age 25

A noncitizen can request a green card if they are under 21 and unmarried. They can also file after age 21 but before age 25 if the harm was the main reason for the delay in filing. This happens, for example, when the child is living with the parent until after 21.  If the adult child has foreign-born children of their own, those children will also get a green card.

Talking to a VAWA immigration lawyer is a must. In some cases, Blandon Law attorneys can get an I-485 green card even after the abusive parent has died.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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