QUESTION
Can I file for abuse (VAWA) after a second interview?
Asked on Aug 19th, 2019 on Immigration - New Jersey
More details to this question:
My husband and I got married in May 2016, we submitted our petitioning papers in December 2016 and they called us for interview in December 2017 but the decision wasn't made on the spot, they promised to get back to us and ever since then we've been waiting to hear back from them (immigrantion). Late last year (like around October) my husband started misbehaving, acting funny and doing a lot of things that hurts me physically and emotionally, when i did my findings to know why he's been actng up i discovered that he started misbehaving because his ex girlfriend just came out from jail and they have started dating. Last week we received a letter from the immigrantion to appear for a second interview (stokes) on the 4th of September, my problem now is my husband said he isn't going for any interview, I have begged him and I even went to his mum and sisters so they could talk to him but all my efforts proved abortive. My question now is what are my options? Can I file for vawa?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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For your Stokes interview, you should bring whatever proof that you have of living with your husband and explain your situation to the immigration officer. If your husband's mother and sisters are willing to come and testify, such might be helpful in establishing that you would have reason to file a VAWA claim. In such an application, the burden would be upon you to show that you lived with your husband and that he abused you physically or mentally to such an extent as to qualify you for the VAWA Act protections. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 15th, 2019 at 3:26 PM