Skip to main content

VAWA question

San Francisco, CA |
Filed under: Immigration Green cards

Can an immigrant claim abuse based on only the Temporary Restraining Order? Is that enough to file to later send to the USCIS to claim abuse for green card? The judge did not make it permanent, though.
I am asking this question because all judges tend to approve a TRO and then review the details during a permanent hearing to decide whether to make it permanent or dismiss it. Will the USCIS review and approve an attempted court order (TRO) and grant me the green card under VAWA or is it not that easy because anyone can go and get a TRO, so TROs have zero basis when claiming abuse? I only have the TRO to show to the USCIS to show them that I took steps to deter an abuse? The nature of abuse is just a threat, not a physical one and about a year had passed since the threat was made.

+ Read More

Attorney answers 3

Posted

The immigrant should seriously consider talking 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.

Asker

Posted

The detailed assessment is that when I was away overseas my then USC spouse said that if her brother catches me anywhere it will be a pay back time. This has happened more than a year ago, but not sure if I could use this as a an abuse case by filing a TRO against her after a year and then apply for Vawa? Or does such an old statement not constitute an abuse for the USCIS?

Posted

VAWA cases are difficult. The TRO is a piece of evidence, but not necessary in every case. You are going to have to give a detailed statement about the abuse. The statement and your credibility will be crucial to getting a VAWA approval. Consult with an immigration attorney to make the best strategy possible.

Asker

Posted

The detailed assessment is that when I was away overseas my then USC spouse said that if her brother catches me anywhere it will be a pay back time. This has happened more than a year ago, but not sure if I could use this as a an abuse case by filing a TRO against her after a year and then apply for Vawa? Or does such an old statement not constitute an abuse for the USCIS?

Posted

The immigrant really needs to schedule a consultation with an experienced immigration attorney. There are many elements the immigrant must establish to have a VAWA application approved. A TRO is just one type of evidence that may be submitted. Whether it will be enough depends upon more information about the 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. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

Asker

Posted

The detailed assessment is that when I was away overseas my then USC spouse said that if her brother catches me anywhere it will be a pay back time. This has happened more than a year ago, but not sure if I could use this as a an abuse case by filing a TRO against her after a year and then apply for Vawa? Or does such an old statement not constitute an abuse for the USCIS?

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

If this was the only thing that happened to you, it does not appear sufficient for VAWA.

Asker

Posted

Ok, thank you.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer