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Husband is on H1B visa, and DV filed against him, am i eligible for VAWA? we have a 4 yr old child and she is also included

Seattle, WA |

Restraining orders violated by my ex husband and I have reported to the police criminal charges filed against him, He is on H1B visa, and we have a 4 yr old child born here in US, I have 100% custody, am I eligible for VAWA ?
please help me with some suggestions
Thanks

Attorney Answers 4

Posted

You won't be eligible for VAWA. To qualify for VAWA, your ex-husband had to be a citizen or a permanent resident -- merely having a lawful status is not enough. What you might qualify for is a U visa. This is for victims of certain crimes, including domestic violence, who have helped the police in an investigation, for example by making a police report. Talk to an immigration lawyer in your area who can guide you through this process.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

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3 lawyers agree

Posted

You are not eligible for VAWA because your Abuser is not a citizen or permanent resident. However, you may qualify for a U Visa. In order to qualify for a U Visa, you must show that you have been a victim of a qualifying crime (domestic violence in your case), possess information concerning the crime, were helpful or are likely to be helpful in the investigation or prosecution of the crime, and suffered substantial physical or mental abuse. You will need to get a certification from law enforcement stating that you have been a victim of a qualifying crime and were helpful or are likely to be helpful in the case. I recommend contacting an immigration attorney to assist you with your U Visa because your attorney will need to talk to law enforcement to obtain the certification. Good luck!

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2 lawyers agree

Posted

I agree with my colleagues.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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