QUESTION

Can withdraw pending VAWA and file I-330?

Asked on Dec 31st, 2012 on Immigration - Nevada
More details to this question:
My VAWA has been pending for 2 years. I am engaged and I want to know if I can withdraw case and file I-330.
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5 ANSWERS

Rebecca T White
You may be referring to an I-130, perhaps? You should set a consultation to determine your best course of action.
Answered on Jan 09th, 2013 at 9:22 PM

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Robert E. West
I think you mean I-130. It's possible, but you definitely should consult with a lawyer.
Answered on Jan 05th, 2013 at 9:46 PM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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If you entered the US with a visa, you can proceed with your green card application after you get married, and the VAWA case will automatically be abandoned. If you entered the US illegally, you should stick with your VAWA case.
Answered on Jan 05th, 2013 at 9:45 PM

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Immigration Attorney serving Las Vegas, NV at Law Office of Arsen V. Baziyants
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There's no need to withdraw the VAWA case just yet - I think. If you are eligible to adjust status (lawful entry to the U.S., etc., etc.), you can get married, have your spouse file Form I-130 (there's no such form as I-330, I think you meant I-130), and apply for adjustment of status. (From your message, I cannot tell if you have filed for adjustment of status based on the VAWA case). In other words, there's no requirement for you to not marry someone else to keep your eligibility under VAWA. If and when you receive your green card through the new marriage, if the VAWA case is still pending, you can notify the VAWA unit of your new status and ask for the case to be withdrawn.
Answered on Jan 05th, 2013 at 9:44 PM

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Bruce A. Coane
Certainly. That may not be the wisest thing to do, but there's no law preventing it.
Answered on Jan 05th, 2013 at 9:44 PM

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