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I want to apply for I-360 as a battered spouse of permanent resident and getting divorced .My I-485 is pending thru his employer

Parker, CO |

Now that my I-485 is pending with a new petition of I-360 added to my case ,do i need to start with a new application for I-485 or uscis will accept my old case.How do i apply for a battered spouse when my i-485 is already pending with uscis?

Attorney Answers 5


  1. Best answer

    You stated in your message that your husband is a permanent resident. Is that correct? In that case, if you file an I-360 self-petition as an abused spouse, you will not be eligible to adjust status immediately (because your husband is not a U.S. Citizen). So, you most likely would not want to file an I-485 to go along with the I-360 at this time.

    I strongly encourage you to consult with an experienced immigration attorney near you about your immigration situation, to have the best chance of success.

    (734) 369-3131. 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.


  2. I agree with my colleague. These two processes are separate and distinct. You may wish to consult with an attorney in person to go over your options.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. It appears that your husband is not yet a permanent resident if your I-485 is pending through his employer. In this case you do not have a VAWA claim.


  4. So long as USCIS is aware that you have a pending I-360, you should be able to request that they hold adjudication of the case until your VAWA case is decided. This is mostly a matter of practice and there is no guarantee that USCIS will not respect the request.

    VAWA petitions--and coordinating them so that you are not at risk--are complex. There are some types of petitions which applicant might feel comfortable pursing on their own, but a battered spouse petition, especially while during the divorce process is best handled by a lawyer with extensive experience in this area.

    For example, are there any immigration issues that will be impacted by your divorce (or vice versa)? What about VAWA confidentiality? Should you bring immigration issues into the dissolution negotiations? Can your husband negatively impact your VAWA case and/or your current immigration status, and if so, how best to prevent that from happening.

    Get some solid immigration advice now, when it can do the most good.

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


  5. I agree with my colleagues here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 25 years combined experience successfully representing immigrants.

    Chad M. Brandt
    407-545-2534
    Brandt Immigration
    www.brandtimmigration.com
    Info@brandtimmigration.com

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