More details to this question:
I am 20 years old and have been married for a year and 4 months. I have been abused by my spouse, both physically and mentally. The abuse has gotten alot worse over the past months, and my life has been at risk in some occasions.He has also threatened to have me deported. I want to know if i qualify for VAWA? Does it matter that i am 20yrs? or that i have only been married for 1yr 4months?
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Battered Spouse Petition Being battered by or subject to extreme cruelty includes such matters as being the victim of an act or threatened act of violence including forceful detention which results or threatens to result in physical or mental injury. Psychological and sexual abuse or exploitation constitute acts of violence. A Battered Spouse Petition can be filed either by the battered spouse or a battered child. First, USCIS will determine if there is a prima facie case, and if so, will decide whether to approve the petition. The person who committed the abuse will neither be part of the petition or notified that the petition is being filed. If this petition is approved, then it becomes possible to file for adjustment of status to that of lawful permanent residency. Your age or length of marriage do not make you ineligible.
Answered on Apr 23rd, 2012 at 12:44 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You are eligible if he is a citizen or resident. If he abuses you, you should file a police report. It is recommended you meet with counsel to discuss this further.
Answered on Apr 20th, 2012 at 3:53 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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First of all get yourself to a shelter for abused spouses - almost all communities have this. Call me and I will go through the VAWA requirements with you and get you started. Is your spouse a USC or permanent resident? Try and safely accumulate documentation showing you are married and that you actually lived together and put this with a friend - pictures, joint bills, marriage certificate, your immigration documents such as passport and any visa or I-94 card (copy these and leave the originals with him if it is possible to do this while he is out of the house). Don't jeopardize your safety though to get these. Call the police if you do not leave the house and he gets abusive.
Answered on Apr 20th, 2012 at 1:30 PM
Your age and the length of your marriage does not matter. You can petition yourself for a green card if your spouse is a U.S. citizen or permanent resident by demonstrating the abuse. You should consult with an immigration attorney for a review of your situation and how to document it.
Answered on Apr 19th, 2012 at 6:30 PM