vawa

[fajrakatana 1]

Hello! I need some inputs regarding my case. My husband had filed I-130 for me and it has been approved already. Our marriage has not been very good since from the start. There are some instances that he physically,verbally and emotionally abused me from the past. I wasn't able to report him because I'm an illegal alien. There's an argument that happened between me and him, that he called the police and I was charged assault 4th degree. I thought he planned everything, because even before that he keep on telling me that he wants me deported so that our son together would be on his sole custody. The charges against me has been dropped, but I was transferred to ICE because of my immigration status. Im now in removal proceedings,and master hearing would be next year. I was released by the immigration based on personal recognizance. I got a lawyer who would help me process my papers, but it seems he is not experience enough in helping me out. When I married my husband I already overstayed my visa. My lawyer told me that I should wait my master hearing,and apply for VAWA cancellation and hardship waiver. For now, I can't apply for I-360 at the USCIS. I have a protection order against my husband good until next year, I was granted this because he beat me up from the past and the last incident that I was the one who put into jail, because he was the one made the police report first. I'm not really sure about my lawyer's advise to me that I can't apply I-485,I-765 because I have to wait first for the master hearing. I really need to work because I have two sons with me and I can't wait any longer for more years before I was able to. My husband is asking for reconcilliation, but Im scared to go back to him. Is my husband can still continue filing I-485 for me,and how about this protection oder still in effect. Vawa is the route that I really wanna go to, because I have evidences but I don't know my chances,especially now that I heard something about the reauthorization 2012. But it's not an assurance if I go back to my husband that he is a change man already. Please give me some advises.Thank you!

[grrrrreat 109]

Hello! I need some inputs regarding my case. My husband had filed I-130 for me and it has been approved already. Our marriage has not been very good since from the start. There are some instances that he physically,verbally and emotionally abused me from the past. I wasn't able to report him because I'm an illegal alien. There's an argument that happened between me and him, that he called the police and I was charged assault 4th degree. I thought he planned everything, because even before that he keep on telling me that he wants me deported so that our son together would be on his sole custody. The charges against me has been dropped, but I was transferred to ICE because of my immigration status. Im now in removal proceedings,and master hearing would be next year. I was released by the immigration based on personal recognizance. I got a lawyer who would help me process my papers, but it seems he is not experience enough in helping me out. When I married my husband I already overstayed my visa. My lawyer told me that I should wait my master hearing,and apply for VAWA cancellation and hardship waiver. For now, I can't apply for I-360 at the USCIS. I have a protection order against my husband good until next year, I was granted this because he beat me up from the past and the last incident that I was the one who put into jail, because he was the one made the police report first. I'm not really sure about my lawyer's advise to me that I can't apply I-485,I-765 because I have to wait first for the master hearing. I really need to work because I have two sons with me and I can't wait any longer for more years before I was able to. My husband is asking for reconcilliation, but Im scared to go back to him. Is my husband can still continue filing I-485 for me,and how about this protection oder still in effect. Vawa is the route that I really wanna go to, because I have evidences but I don't know my chances,especially now that I heard something about the reauthorization 2012. But it's not an assurance if I go back to my husband that he is a change man already. Please give me some advises.Thank you!

Why can't you file I-360 now?

VAWA is supposed to prevent you from having to go back to your husband solely because of your immigration status. Don't let your status dictate your choices. It sounds like you're on your way to finding out how to become independent of your husband and started to get good advice, it's just not clear why you can't file I-360.

Edited May 31, 2012 by grrrrreat

[Anh map 2,098]

Get a more qualified immigration attorney to help you sort out the specifics of your case. There are too many important aspects of your circumstances to be adequately addressed here. You need proper legal advice and representation.

[optimisticchic 7]

check out this link.There are poeple who applied for VAWA that can help you. Also try your local catholic charities.

http://www.visajourney.com/forums/topic/315899-vawa-part-2/page__st__2280

[fajrakatana 1]

I can't file for I-360 because my lawyer told me that USCIS will not permit that, I should apply for vawa cancellation instead, but I have to wait for my master hearing next year. Yeah that's right I don't wanna go back to my husband because of my immigration status. But honestly, I still love my husband, but this love is not enough to change or forget what he did from the past. I'm having doubts if my lawyer is knowledgeable enough about my case, because when I talk to him he can't really give me more information, but I already paid him. Would you please give me the number of catholic charities.Thank you!

[grrrrreat 109]

I can't file for I-360 because my lawyer told me that USCIS will not permit that, I should apply for vawa cancellation instead, but I have to wait for my master hearing next year. Yeah that's right I don't wanna go back to my husband because of my immigration status. But honestly, I still love my husband, but this love is not enough to change or forget what he did from the past. I'm having doubts if my lawyer is knowledgeable enough about my case, because when I talk to him he can't really give me more information, but I already paid him. Would you please give me the number of catholic charities.Thank you!

Your lawyer may be right that you need to apply for cancellation of removal because you are removal proceedings. However, it sounds like he doesn't have experience handling this type of case so I recommend getting a second opinion and someone who can help you prepare your application for cancellation of removal.

For instance, I am not sure that you should wait until your hearing to apply for cancellation of removal. If you are able, I would try to apply before that so you can obtain lawful permanent residence as soon as possible. Here are some instructions and a form that is used to apply for cancellation of removal: http://www.justice.gov/eoir/eoirforms/eoir42b.pdf

Edited May 31, 2012 by grrrrreat

[Iyawo Ijebu 157]

I don't know about the immigration part but it seems to me, based on what you wrote, that you're in an unhealthy marriage.

I would pursue the other available methods (if truly available)first. There's nothing stopping you from getting back to your Ex in the future to see if you're both ready to wade the waves of marriage. But you would have removed the position of control from him.