Will I be qualified for Green Card through VAWA now if DV happened 7 yrs back when I was on dependent visa ?

Asked 5 months ago - Sunnyvale, CA

We have been separated for six months. My soon-to-be-ex husband got his GC last week. I want to get a new visa because my dependent visa got invalid last week. Will I be qualified to file for VAWA now ? How about U-visa ?

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyer agrees

    Answered . No, you fail to qualify for either one based on the information you provided here.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Morrie Pour Nourian

    Contributor Level 18


    Lawyer agrees

    Answered . Based on your statement here no you are not qualified for either one.

  3. Floyd J. Fernandez

    Contributor Level 17


    Lawyer agrees

    Answered . The divorce must be on file for two years or less, and the VAWA petition must show that the alleged violence must be connected with the divorce or official legal separation. Since the act occurred seven years ago, you are not eligible to file for a VAWA-based petition. A U-Visa is not available also, due to failure to report the crime to the police and file formal charges.

    All answers to immigration questions should not be taken as legally binding advice. If you have an immigration... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Complications Immigrants Face When Divorcing

A divorce can change a spouse’s immigration status. Consideration of citizenship, visas, and green cards may be affected by a divorce.

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