We will share a case where an abused child of a U.S. citizen parent successfully received her I-360 approval.
The client was a minor when her mother married her stepfather, a U.S. citizen. Her stepfather submitted a marriage-based green card application for the client's mother and her. However, the applications were not approved due to the mother's previous immigration violation. Observing the violence from the stepfather against his mother had a traumatic effect on our client. With the help of our office, the client made a self-petition based on family violence, which got approved after two years.
Immigration law allows children who are abused by lawful permanent residents or citizens to apply for a green card based on domestic violence. Most of the time, domestic violence green card applicants are victim spouses, and the victim spouses can include their children on their I-360 petitions. Once approved, the children can adjust their status. However, under certain circumstances, if the parent's I-360 cannot be approved, his or her child will also not benefit from the parent's application. For example, the parent cannot show good moral character.
According to US immigration law, abused child applicants need to be unmarried and under 21 years old, including:
If an applicant’s application is delayed because of abuses, he or she can also make a self-petition before turning 25 years old.
Children applicants do not need to reside in the US when submitting applications. Nor does he or she need to live together with the abusive parent. However, he or she must have a history of living together with an abusive parent.
Besides protecting victim spouses, US immigration law also protects children affected by domestic violence. If you are facing similar problems, please do not hesitate to contact the Law Offices of Sabrina Li.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
