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My Spouse and i on h1b visa. We have a baby born in USA. Spouse was extremly abusive. Am i eligible immigration under VAWA?

King Of Prussia, PA |

My baby and i faced lot of abuse from my spouse. am i eligible for immigration under VAWA or any other law ?

Attorney Answers 6

Posted

No, but you might be eligible for a U visa depending on how abusive and what steps you ahve taken to protect yourself. Talk to an immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

No, but you might be eligible for a U visa depending on how abusive and what steps you ahve taken to protect yourself. Talk to an immigration attorney.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

I have applied for PFA

Posted

Given that your abusive spouse is not a US citizen or a permanent resident, a VAWA petition will not do you much good nor procure you a green card. A U visa is what you should be striving for and investigating with the help of a competent immigration lawyer.

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

No. To be eligible for benefits under VAWA the abuser must be a US citizen or permanent resident. You may however be eligible for a U-visa.

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.

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Posted

Any H1B issues logically and legally must be addressed to the sponsoring company's immigration attorney vested with a professional responsibility to handle all collateral arising issues with such immigrant visas as their exact procedural completion cannot be ever resolved by a short online paragraph.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

Please look into other options as VAWA will not work in your situation. I hope you get out of this relationship for your and your baby's sake. PFA will help. Good luck to you

This advice does not create an attorney client relationship. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. A lawyer-client relationship will not be deemed to exist until such time as a written retainer agreement has been executed by an authorized representative of this firm, or until the firm otherwise agrees to and actually begins rendering services on a clients' behalf.

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