I read an article regarding "battered spouse" on the net. I want to file USCIS form i-360. However, I have been living in India.since January 2006. I left USA with a one year advance parole on December 17, 2005, and have not gone back since. My spouse told me that we all would go back together. However, after coming to India, that changed completely. I was battered in USA and had talked about it with my mental health counsellor in USA.
I received a denial notice from USCIS in November 2007 because of failure to appear for Fingerprinting. I wanted to file for an appeal and I contacted a lawyer in India for the same. I did not have the money and therefore I ended up writing a letter to USCIS explaining my situation. However, that was of no avail.
My spouse and my child are living with me in India. They are here on a re-entry permit. I have no status in the United States. I want to go back with my child so that my child does not loose his green card. My child is 12 years old and can't go back on his own. My spouse might go back and take my child with him. I have no money. I am qualified but not allowed to work by my spouse. It has NOT been two years since I received the denial notice. Therefore, I think I should be able to self-petition as a battered spouse. Please advice what I can do regarding my being outside of USA. I have no money for getting paid advice and I would really appreciate if you can help me with this.
