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Houston Battered Spouse Attorney

A battered spouse or child may be eligible for an immigrant visa (“green card“) if they have suffered abuse or domestic violence by a United States citizen or lawful permanent resident. Under the Violence Against Women Act of 1994 (VAWA), the spouse may petition to obtain lawful permanent residency. The battered spouse or child may be in or out of status at the time they seek this relief.

At the Law Office of David A. Breston, our criminal defense attorneys are experienced and qualified to help you and your children apply for permanent residency under the VAWA. If we don’t feel we can help your situation, we’ll tell you so right away or refer you to someone that can, so that your time and money won’t be wasted. To set up an appointment, contact our immigration lawyers in Houston at the Law Office of David A. Breston today.


The following requirements are the standards used by INS for reviewing a battered spouse petition:

  • The petitioner is the spouse of a U.S. citizen or permanent resident or is filing within two years of the divorce and demonstrates a connection between the termination of the marriage and the battering or extreme cruelty of the spouse, domestic violence
  • They possess good moral character
  • They are eligible to be classified as an immediate relative
  • They have resided with the U.S. citizen or permanent resident spouse
  • They entered into the marriage in good faith (i.e., not as a sham for the purpose of obtaining immigration benefits)
  • They were battered or was the subject of extreme cruelty perpetrated by the U.S. citizen or permanent resident spouse or intended spouse


  • The petitioner is a child of and living with a U.S. citizen or permanent resident
  • The petitioner is a person of good moral character (children under 14 are presumed to be of good moral character)
  • The petitioner is under 21, unmarried, and has been abused by their parent in family violence
  • The petitioner may file for themselves as a child after age 21 but before age 25 if they can demonstrate that abuse was the reason for the delay in filing

Battered spouse and children petitions apply equally to men and women, and the abusing party is not notified about the filing. For further information about battered spouse petitions, please contact the Houston battered spouse attorneys at the law firm David A. Breston, Attorney at Law today. If you would also like to press charges against the family abuser, contact our Houston domestic violence lawyers. There you should also be able to file for a restraining order or protection order.

Client Testimonial: 5/5 ★ ★ ★ ★ ★

David Breston is a great person, an honest attorney and a family man who respects his clients. David Breston handled criminal defenses and immigration for my clients I highly recommend David Breston.
-Nina Midway
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