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Immigration

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Laws current as of May 29, 2024

What other requirements related to the abuse must I prove?

A few other requirements related to the abuse that you must meet are:

  1. If the abuser is/was your spouse, at least some of the abuse to you or your children must have happened while you were married.1Note: It is OK if some of the abuse took place before you were married, as long as there is a pattern of abuse that continued during your marriage.
    • If you do not currently live in the United States, at least some of the abuse must have taken place in the US, or if you were only abused abroad your abusive spouse, parent, or child must have been an employee of the US government or a member of the US military at the time.2
    • If you currently live in the United States, then it does not matter where the abuse occurred.
  2. You must have lived with the abuser in the same home at some point.3

1 INA § 204(a)(1)(A)(iii)(I)(bb), (a)(1)(B)(ii)(I)(bb); 8 CFR § 204.2(c)(1)(vi)
2 INA § 204(a)(1)(A)(v), (a)(1)(B)(iv); See also USCIS Policy Manual, Volume 3, Part D, Chapter 2
3 INA § 204(a)(1)(A)(iii)(II)(dd), (a)(1)(B)(ii)(II)(dd)