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Do I need to file anything additionally for my children for the VAWA deferred action and green card application?

Houston, TX |

I have received the notice of deferred action, after filing under the VAWA for me and my three kids. Since my ex was a US citizen, we filed all the forms at once. I noticed that on the form for deferred action was noted that I need to apply for my children, even though noted on the form, separately, if I want them to be in the deferred action status. Does this mean, I need to file something additionally, so they receive this as well, even though, I have filed their status change already?

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Attorney answers 4

Posted

Yes, they need their own applications to get U visa status and to get permanent resident status. They do not get it automatically when you get it.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

So what do I need to file for them? I included them on the I360 and I filed their status change. What is the file I need to file for the deferred status then?

Posted

I agree with my colleague. It would be best for you to speak with an experienced family based immigration attorney. There are many here on AVVO.com or you may find one at AILAlawyer.com. Alternatively if you qualify, there are a few local legal aid programs here in Houston that deal specifically with women and VAWA. Ive provided the website address of two such services below. Best of luck!

The Law Office of Andrew Chung, PLLC. (832) 409 0117. Andrew@Chung-Law.com . The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

Thank you for your info. I have tried that, but due to the fact that I come from a European country, it is assumed that I somehow can pay a lawyer and they hav enough more important cases. This is why I have dealt with all on my own. Since I had the children included on my I360 which was approved and I have also sent in their Status Change form, I just need to know which form I have to send in to have them on deferred status as well and if needed. Can you inform me on this?

Andrew Chung

Andrew Chung

Posted

Unfortunately, without seeing the actual document I will not be able to tell you what action will need to be taken next. I would suggest trying to find an experienced immigration attorney who is willing to sit down with you and go through your documents. Many of us offer free consultations for first time clients. Some may charge you a small fee for their time, but at any rate this small fee is worth the peace of mind. It may be that you need to file a DACA application for your children but again, without seeing the document instructing you, I cannot say for sure. Best of Luck!

Posted

One would need to look at the language you are referring to, before opining on what you should do.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

if you filed for VAWA then you can adjust your children as well as your dependents. You should file I-485s for each of your children. You do not have to pay filing fees when you are applying under VAWA nor the biometrics fees. It would obviously be better for you to send in their adjustment applications rather than have them on Deffered Action.

**Please mark as helpful or best answer if you find this response helpful** MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email: cindy@medinalg.com; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.