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Can I file VAWA self petition for Green Card?

Plano, TX |

I came to US in 2000, work and live in Texas legally, My abusive spouse and I married in 1999, he was arrest twice for family violence in 2001 and 2005. I divorced him in 2005 and remarried in 2007 because he said he changed and we have a child( US citizen), we filed the 485 for green card based on his employment, it is still pending for visa, he is not LPR neither.

Since then he hit me many many times for no reason and I called police again in 2011. I am afraid of losing my immigration status so I have n't left him, but i have sufferred enough and decode to seek legal assistant, I jstu heard about VAWA, am I eligible for file the self petition? What documents are required?

Thank you!

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Attorney answers 4

Posted

VAWA petitions shoudl be done with the assistance of an immigration attorney or immigrant clinic approved by BIA. there are many clinics throughout the US who assist for free and work through the whole application process.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Asker

Posted

Thanks! So do you know any link to these service?

Asker

Posted

Thanks! So do you know any link to these service?

C. C. Abbott

C. C. Abbott

Posted

You can check for law school clinics or try the local women's shelter for assistance. Another thought is to contact a victim's righst group in your state. Good luck

Asker

Posted

I spent three days called around and very frustrated since I was always referred to other agency, feel like no one can really help.

Posted

You may be eligible to file for a U visa. However, because your husband is not US citizen or legal permanent resident you cannot file an I-360. If your husband was convicted for domestic violence on two occasions, he is likely to encounter immigration problems and it is not worth the consequences of remaining in an abusive relationship. Consult with an experienced immigration attorney to properly evaluate your case. Also, there are non-profit organizations in your area that should be able to help.

The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. (714) 560-0040

Asker

Posted

Thank you! Do I need divorce first?

Javier G Pineda

Javier G Pineda

Posted

No.

Posted

Yes. You should be more afraid of harm to yourself and your child than immigration status.
You can utilize the domestic violence hotline 1-800-799-7233.
There are agencies who can assist you to file. You are most welcome to contact me and i will be happy to help.
Please read my legal guide on Avvo pertaining to VAWA petition and challenges.

Goodluck.

Asker

Posted

Thank you!

Ekaette Patty-Anne Eddings

Ekaette Patty-Anne Eddings

Posted

He has to be a US citizen or LPR for you to benefit from VAWA. Still use the domestic violence hotline if needs be. The U visa is also an option to consider. Goodluck.

Asker

Posted

I called around a few days, was referred to other angency, seems no one can really help.

Posted

You can only petition yourself under VAWA if you suffered abuse by a US citizen or permanent resident spouse.

This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.

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