The spouse or child of a US citizen or legal permanent resident, or the parent of a US citizen, who is battered or subject to extreme cruelty may file a self-petition for green card independently of the abusive US citizen or legal permanent resident spouse of parent. The spouse or child must demonstrate that (s)he resided with US citizen or legal permanent resident spouse or parent; was battered or subject to extreme cruelty during marriage (n the case of a spouse); the marriage was entered into in good faith; (s)he is otherwise eligible for immediate relative or preference status; and has good moral character.
The abuse to the child did not have to occur during the marriage and marriage did not have to be bone fide. The spouse no longer must be married to the US citizen or legal permanent resident abuser at the time of filing the petition. The battered spouse include someone who (a) in good faith believed (s)he was married but was subject to bigamy; (b) someone who was married but the abusing US citizen spouse died within two years immediately preceding the filing of the ; (c) the abusive spouse renounced or lost his US citizenship or legal permanent resident status within tow years immediately preceding the filing of the self-petition and the loss was related to an incident of domestic violence; or (d) the abused spouse can demonstrate a connection between the legal termination of marriage within the past two years and the battering or extreme cruelty.