i was married with a USC and i was under abuse, now i'm willing to apply for VAWA and I-485 concurrently, she only did submit the I-130 when i was living with her, my question is: can i get a EAD if i Applied for fee waivers on I-485 due to my financial hardship ? or i have to pay the I-485 fees before getting the EAD, thanks
You will only have your EAD if your I-765 is approved.
Just as an aside, what makes you think you will be granted a VAWA self-petition when you are in fact a man? In practical terms, while VAWA petitions are liberally granted fpr women, those are hardly ever approved for men, no matter how hard the "abuse "they suffer. I hope you have a good attorney who is advising you on this.
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.
Your plan is overly optimistic at best, thinking that you squarely qualify for VAWA relief without evidentiary support. Please consult another attorney in your area before you make a better legal opinion on how to proceed.
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Meet with an attorney. These are very hard to win.
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