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

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 ?

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Attorney answers 3

Posted

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

Posted

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 issue, please call me at Pacifica Legal Services 805-290-4930 and make an appointment for an initial 30 minute consultation. Additional time is billed at $100.00 per 30 minute increments. Todas las respuestas a las preguntas de inmigración no deben tomarse como asesoramiento legal. Si usted tiene un problema de inmigración, por favor llámeme al Pacifica Legal Services 805-290-4930 y hacer una cita para una consulta inicial de 30 minutos. El tiempo adicional se factura a $ 100.00 por incrementos de 30 minutos.

Asker

Posted

Floyd, Wanted to clarify that he pleaded no-contest to misdemeanor DV conviction. So, there was a formal police complaint seven years back. I filed for divorce six months back but we started living apart much earlier than that although I was on a dependent visa.

Posted

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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Giacomo, Wanted to clarify that he pleaded no-contest to misdemeanor DV conviction. So, there was a formal police complaint seven years back. I filed for divorce six months back but we started living apart much earlier than that although I was on a dependent visa.