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Can I self-petition under VAWA if I have been a victim of domestic violence perpetrated by my US citizen 21 year old son?

Red Bank, NJ |

My 21 year old son was going to petition for me for adjustment of status. He signed I-131 for me and affidavit of support. But he has a history of abuse towards me, and ultimately in a last recent incident, he battered me, broke my nose, and threatened me to call ICE for me "so that I was deported". After the incident, he ended up in jail for aggravated assault and burglary (he broke into my house and beat me up) where he is now. I was looking into I360 and self petition, but there it is not clear to me if I can self-petition being that I am the parent, and he is the US citizen who was going to file for me. I appreciate any info or guidance into this

Attorney Answers 4

Posted

Based on the violent acts committed by your son and that the police are involved in the case, you have a good case for immigration based on VAWA. The regulations include the option of filing as a parent of an abusive US citizen. The important thing is to document your son's behavior and establish a pattern of violent actions.

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly at her office in Edison, New Jersey, and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125.

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Posted

Yes, you can file a self petition.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

Yes, you seem to be eligible for VAWA relief under the facts. Please seek professional assistance in our area in order to proceed

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Yes, you are eligible for self petition. Be sure to cooperate with prosecutors.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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