QUESTION
Can I still apply for VAWA while my asylum case is pending?
Asked on Dec 26th, 2016 on Immigration - Florida
More details to this question:
I have been married to a US citizen since May 2016. She has been very violent, controlling and abusive. When I couldn't bear it anymore, I left the house for her to live with a friend. During that period, I applied for affirmative asylum and the receipt has been sent to me. I am now awaiting the finger printing appointment. Lately, she called me for reconciliation and said we could go ahead with the adjustment of status but I don’t trust her since we've tried to do that in the past and she declined her sponsorship. I have evidences of the abuse, good faith marriage etc. but I’m a man. I’ve found it difficult to make attorneys see my case but they feel I can’t proceed with VAWA because I'm a man. I’m not yet called for fingerprinting or interview but have the i589 receipt. If so, how do I proceed?
1 ANSWER
Gina Marie Fraga
Merely being a man doesn't disqualify you from VAWA eligibility. However, that being said mere arguing is not sufficient to get to the very high standard of "battery or extreme cruelty." It may or may not affect your pending asylum but without more information we can't assess that. Did you file your asylum timely? How soon after or before the marriage? What is the basis pf the asylum claim? Etc. I have handled many VAWA cases for male victims and I am at your service should you require help with the onerous process.
Answered on Feb 22nd, 2017 at 4:55 PM