More details to this question:
My step father was abusive with me and my mom. He did not file adjustment of status along with my mom. My mom has a green card. I came to US on K4 visa in 2005. We left his house in 2007 because of his cruel behavior. I somehow continued my studies but facing removal order subsequent of asylum I filed, denied, followed by appeal which was also denied. I am 28 years old now. Do I still qualify to file for VAWA? I am suffering because of someone else's cruelty. I have evidence of his ill treatment. We filed two times police complaints on him and also took protective order subsequent of him threatening to kill me. I am writing to you in a very desperate situation. I am at the verge of departure. Please help. God bless you. Thank you.
2 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can apply for VAWA at anytime regardless of the current status of your deportation case if you were physically abused or subjected to extreme cruelty by your stepfather. However, the mere filing of a VAWA petition will not stop the deportation process unless you request the court to reopen and continue your case to allow for the adjudication of the petition.
Answered on Oct 16th, 2013 at 12:00 PM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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So your mom was married to this man and he is a US citizen, correct? If so, you should qualify under VAWA in your own right. I am surprised your mom did not file for you when she obtained her own green card, but you should be able to file on your own. Do not give up.
Answered on Oct 16th, 2013 at 1:35 AM