Sorry for the delay. I have been offline working with my private practice clients. My apologies for any delays or inconvenience this might have caused.
There are only two steps in the process:
First, you have to fill and file form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This is reviewed by the USCIS. You can find the Petition here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
With this, you should provide the following:
- a declaration describing your relationship, the abuse suffered, your good moral character
- other evidence of the abuse, such as police records or court-issued protective orders, etc.
- police clearance records showing your criminal record and any other evidence that you are a person of good moral character
- copy of your passport and birth certificate
- proof that the abuser is a US citizen or permanent resident
- proof that you are the abuser's spouse
- proof that you lived with the abuser
- proof that you currently live in the US
- 2 passport photos
Once this is processed and you are approved, you are then eligible to apply for permanent resident status on your own, by filing form I-485
, Application for Adjustment of Status. You will submit the I-485 with proof of the approved I-360. If the I-485 is approved, you will receive a green card, without any assistance from your abusive spouse.
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