The self-petitioner may be a spouse who is suffering domestic abuse, a child suffering domestic abuse, or the parent of a child suffering domestic abuse. Children who are not suffering abuse may be part of the parent's self-petition. The abuse must have taken place during the marriage. Police clearance certificates must be submitted with the application. The self-petitioner must show extreme hardship to the applicant or child if deported.
Hardship encompasses more than mere economic deprivation.
The Act also created a new form of suspension of deportation for the victims of domestic violence at the hands of a USC or LPR spouse or parent. Suspension of deportation may only be sought in deportation proceedings. The abuser must be a USC or LPR spouse or parent. The applicant must have been continuously physically present in the US for at least three years prior to filing the application. The applicant for suspension of deportation must be a spouse, a child suffering domestic abuse, or the parent of a child suffering domestic abuse.