If you are a battered or abused spouse or child or a U.S. citizen and the U.S. citizen refuses or is unwilling to file a petition to remove your condition, you can petition for yourself.  To do so, you must be in the U.S. and prove the following:

• You were either battered or subjected to extreme cruelty;

• You have good moral character;

• You resided with your spouse or parent inside the U.S.;

• The marriage was entered into in good faith.

You must document that you have been battered or subject to extreme cruelty.  These may include:

• Police reports or arrest records;

• Medical and psychiatric reports, especially if you sought  treatment for such abuse;

• Affidavits from people who knew such abuse, such as friends, family members, landlords or employer;

• Statement from any shelters you stayed in or friends or neighbors who knew the situation.

• Your own statement.

Click to see a INS memo »