Skip to main content

What to say or not to say at an immigration interview under VAWA?

Houston, TX |

We got married within 7 months knowing each other. We met hiking and spent the next 24h together in a tent with my three kids. I did not go home to my country (Switzerland) anymore, but decided to stay and we moved in together, even though he is 11 years younger he was a great stepfather to my kids from moment one. He had depression problems and got psychotic episodes and became violent and aggressive after only 2 months of marriage. We split and filed VAWA and got aproved for the next 180 days.
I got myself a job, do a masters here, kids in school, my husband lives nearby, drinks a lot, still, does not want to go to therapy. Therefore I can not be with him. But he is my closest friend and we care about each other and spend time together. Am I jeopardizing my immigration? How explain it?

+ Read More

Filed under: Immigration
Attorney answers 3

Posted

An attorney cannot suggest to you what to testify other than to tell the truth. You appear to indicate that USCIS may question whether you were ever in danger and in need of VAWA since you are still together with the abuser. It is a good point. However I have had clients in the past who returned to the abusive spouse so that does happen in the real world.

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

Thank you. That's what I needed to know. I can prove the abuse which explains why we don't live together, but still show the relationship we have now and that we that way are trying to find out what chance we might have in the future since we do love each other.

Posted

You should always answer truthfully.

Posted

While preparing for VAWA, applicants are encouraged to seek counseling for any post-traumatic symptoms or other feelings that cannot be properly described, but could be beneficial to your case. Perhaps you may want to consider returning to counseling or being attending counseling to determine why you would continue contact with your husband. This would help you, additionally, in answering the difficult questions posed during the interview.

Asker

Posted

I wanted to do that, but I cannot pay for counseling.

Linda Vega

Linda Vega

Posted

There are organizations in Women's Shelters who offer pro bono (free) services for these type of cases. Start with this. Consider also, your local church for advise as well.

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