QUESTION
What will happen at my I-360 interview if I have separated from my husband?
Asked on Jan 13th, 2011 on Immigration - California
More details to this question:
My husband had filled the I-485 on my behalf we are now separated due to domestic violence issues in our marriage. I am waiting for I-360 application to come in from the mail so I can petition for myself, I already got the EAC. However I received a letter for our interview (My husband and I's ) for February 7th. I'm afraid to go to the interview because my husband is not going to come with me since our separation I have been living in a domestic violence shelter I am also 6months pregnant with his chidl. What our my best options? Do you have any advice?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
What category of I-360 do you have on file - religious worker? Abused spouse? If you have not filed the I-360 as an abused spouse this would be an option. If you have already filed in that category the interview would not include your husband - it is a self-petition. Feel free to contact me at the number below and schedule a consultation where we can discuss procedures, fees and answer your questions.
Answered on Jan 20th, 2011 at 8:43 PM
When you go to the interview explain all this to the officer, and make sure to take all the evidence with you.
Answered on Jan 17th, 2011 at 8:13 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
You MUST to go to the I-485 interview and tell them that you are a victim of domestic abuse from your husband. If you have not filed the I-360 ask for the USCIS to continue your I-485 interview so you can file it. If you have filed the I-360, then bring proof you filed it (ex. the Notice of Receipt) and the USCIS will continue the I-485 case. Also, speak to the people at the shelter you are staying at and ask if they can refer you to an attorney who can help you. There are many organizations in different parts of the country that provide free or low cost assistance to immigrants who are victims of abuse.
Again you must go to the interview. If you do not go the application will be denied.
Answered on Jan 14th, 2011 at 10:13 AM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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Hire an attorney with experience with domestic violence issue. Your attorney should notify the USCIS that you will not be attending the interview due to domestic violence, that he / she (the attorney) will be filing a VAWA on your behalf, and the attorney should also request that the application to adjust status be held until a decision is made regarding your VAWA self petition. I handle a lot of WAVA cases.
Answered on Jan 13th, 2011 at 6:43 PM