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

Asked about 1 year ago - 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)

  1. Asma Warsi Chaudry

    Contributor Level 12

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    Answered . 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... more
  2. Stephen D. Berman

    Contributor Level 20

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    Lawyers agree

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    Answered . 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... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . 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... more
  4. Yolanda Navarrete

    Contributor Level 20

    Answered . 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... more

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