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The United States Citizenship and Immigration Service (USCIS) has published guidance for adjudicators in processing petitions for adjustment of status (basically, a green card petition) filed by battered spouses of abusive U.S. citizens. According to the guidance memo, under the Violence Against Women Act (VAWA), even those petitioners who entered the U.S. illegally are eligible to become permanent residents if they prove they were battered or subjected to extreme metal cruelty.

By way of explanation (and in plain-spoken English), under the U.S. immigration laws, a spouse of a U.S. citizen can become a permanent resident (green card). The caveat is that both spouses have to file the petition. Under VAWA, a battered spouse can file a petition on her own behalf (without the husband’s signature) if she/he was battered or subjected to extreme mental cruelty. However, someone who entered the country illegally (i.e. without an inspection at the border) is typically not admissible into the U.S. and is not eligible to adjust his/her status. The memo explains that this ground of inadmissibility is not applicable to VAWA applicants.

Historically, USCIS has denied adjustment of status to VAWA petitioners solely on the basis that the petitioner entered the U.S. illegally. According to the memo, those petitioners whose petitions were denied can file a motion to reopen, Form I-290B, without having to pay the filing fee, to have their I-485 reconsidered.

Here are some links:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.
Form I-290B (motion to reopen).
USCIS fact sheet on VAWA applications.
USCIS guidance memorandum on VAWA applications.

VAWA applicants who need assistance with filing motions to reopen are welcome to contact our office for more information.