Introduction

There are millions of foreign nationals living in the United States on some form of temporary or nonimmigrant visa status. Some of these visa categories allow for family members to live in the United States as "derivative beneficiaries" or dependents on the principal applicant. This can cause serious concerns for people who are experiencing abuse at the hands of their nonimmigrant spouse. Luckily, there are legal avenues available to provide protection, support, and even work authorization in the United States. The Form I-765V is specifically designed for abused spouses of certain nonimmigrant visa holders. In this blog post, we will explore the requirements and process for filing an I-765V and how it can offer a path towards security and independence.

Requirements for Filing Form I-765V 

Form I-765V is officially known as the Application for Employment Authorization for Abused Nonimmigrant Spouse. This form is a vital tool for individuals who have suffered abuse from their nonimmigrant spouse and are seeking relief and independence. Filing the Form I-765V allows eligible individuals to apply for employment authorization, enabling them to support themselves financially while they navigate the immigration process.

To qualify for filing an I-765V, several requirements must be met:

1. Relationship: The applicant must be the spouse of a nonimmigrant in A, E3, G, or H visa status who has abused them. If you are no longer married, you must show one of the following:

   • The spouse died within two years of filing the EAD application;
   • The spouse lost qualifying nonimmigrant status due to an incident of domestic violence; or
   • The marriage to the principal spouse was terminated within the two years before filing for employment authorization, and there is a connection between the termination of the marriage and the battery or extreme cruelty.
     
     

2. Eligibility: The applicant must show that they were battered or have been subjected to extreme cruelty perpetrated by the principal nonimmigrant spouse during the marriage. The abuse suffered by the applicant must meet the criteria can include physical violence, emotional abuse, sexual abuse, or threats of such abuse.

3. Residence: The applicant must currently reside in the United States and intend to continue residing in the country.

4. Filing Deadline: It's crucial to file Form I-765V within a certain timeframe. Generally, this must be done while the applicant is still in the United States and before their authorized stay expires.

Process of Filing Form I-765V 

The filing of Form I-765V involves several steps:

1. Obtain the Form: The applicant can download Form I-765V from the official USCIS website or request a copy by mail.

2. Complete the Form: Carefully fill out all sections of the form, providing accurate and truthful information.

3. Gather Supporting Documents: Along with the form, applicants must submit supporting documentation, such as evidence of the abusive relationship and any police reports or court documents related to the abuse.

4. Submit the Application: Once the form is completed and all supporting documents are gathered, the applicant must submit the application to the appropriate USCIS address. There is no government filing fee for this application.

Benefits of Filing Form I-765V

Filing Form I-765V can offer several benefits to eligible individuals. 

1. Employment Authorization: Upon approval, the applicant will receive an Employment Authorization Document (EAD), allowing them to legally work in the United States for up to two years, and this authorization may be renewed.

2. Independence: Employment authorization provides individuals with the opportunity to support themselves financially, reducing dependence on their abusive spouse.

Conclusion

For individuals experiencing abuse at the hands of their nonimmigrant spouse, seeking help and protection is paramount. Form I-765V offers a lifeline, providing employment authorization and a path towards independence and security. By understanding the requirements and process for filing Form I-765V, eligible individuals can take steps towards a brighter and safer future in the United States.

If you or someone you know is in an abusive situation, seek assistance from a qualified immigration attorney who can guide you through the process with care and expertise. You can contact World One Law Group by completing the Contact Form and scheduling a consultation with one of our experienced immigration attorneys.