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Can I file for a self-petition for a greencard under VAWA? Do I have the requirements?

Lansing, MI |
Filed under: Immigration

I came to US on a k1 visa and have been married for 7 months but never applied for a greencard because my husband didn't let me. He said if I applied for it, it was because I was using him to be in the States. He has abused me physically and now he wants the divorce and me to leave the country. I have pictures of the injures, neighbors who called the police on him and text messages of him admitting it. Would that be enough for a VAWA self-petition?

Attorney Answers 5


  1. Based on the facts you have stated, it seems that you are eligible for VAWA. You should consider working with an experienced immigration attorney to prepare a compelling and satisfactory application packet.


  2. In addition to the response above, you may want to see whether there is a non-profit organization that works with victims of domestic violence in your area. They may be able to assist you with your application, as well as provide other services or assistance you might need.

    My response to your question is general in nature, as I don't know all of the facts of your case. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. In addition, my answer does not create an attorney/client relationship.


  3. Generally one can self petition for VAWA the abused wife of a U.S. citizen or permanent resident. You entered into the marriage in good faith and you are a person of good moral character.

    It sounds like you may have a case but you would need to speak to an attorney so they can thoroughly review your case before they could even begin to determine whether or not you can qualify for VAWA. I is very case specific and I would suggest arranging a consult with an Immigration Attorney so they can help you file the best application you can.


  4. It appears that you probably have a claim that could be approved. It would be best for you to work with an immigration attorney on this matter. Find an attorney on Avvo, or on http://www.ailalawyer.com/ , or contact a domestic violence shelter to ask for them to help you to find a non-profit organization that might help.

    This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  5. Based on the info you have shared, not only can you file a VAWA self-petition, you should hire a lawyer to help you with this immediately. Bring those pictures and text messages with you when you go to the lawyer's office. As mentioned by my colleagues, a public interest law group may be able to assist. These 2 are in your area:
    http://www.law.msu.edu/clinics/immigration/
    https://www.facebook.com/pages/Immigration-Law-Clinic-St-Vincent-Catholic-Charities/341097499308722
    regards,
    marc

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