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

Asked 4 months ago - 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)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  4. Rizwan M Khalid

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  5. Theodore John Murphy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  6. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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