Questions and Answers (Q and A) about Legal Rights of Abused and Battered Spouses under the Violence Against Women Act (VAWA)

Call (954) 946-8130 to find out about the legal services we offer in the area of  VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

Q. What if my Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is denied?

A. If your petition is denied the denial letter will tell you how to file an appeal. It is a good ideal to consult with an experienced VAWA immigration lawyer to discuss your options. In some cases, it may be wise to simply to refile the Form I-360.

Q. Can A Man File A Petition For Himself Under The Violence Against Women Act?

A. Yes, VAWA applies equally to victims of either sex.

 

Q. Do I Have to Remain Married to My Abusive Spouse Until my Form I-360 is Approved?

A. Effective October 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions:

 

     You believed you were legally married to your abusive spouse but the marriage is not legitimate solely because of the bigamy of your abusive spouse.

    Your abusive spouse died within 2 years of filing the petition.

    Your abusive spouse lost or renounce his citizenship or lawful resident status due to an incident of domestic violence

    Your marriage to your abusive spouse was terminated within the 2 years prior to filing of the petition, and there is a connection between the termination of the marriage and the battery or extreme cruelty.

 

The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition.

 

Q. Can A Divorced Spouse Seek Relief By Filing A Form I-360?

A. Yes. Effective October 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A battered spouse who cannot demonstrate such a connection may be eligible for battered spouse cancellation of removal. To qualify for battered spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child.

 

Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition.

 

Q. What if My Abusive U.S. Citizen or Permanent Resident Spouse or Parent (or U.S. Citizen Son or Daughter) Filed a Form I-130, Petition for Alien Relative, on My Behalf, Which is Still Pending or Was Withdrawn?

A. If you are the beneficiary of a Form I-130 filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you were married to a husband with a green card since it may result in an earlier priority date and a shorter waiting time for getting a green card.

 In all circumstances, it is wise to consult with an experienced VAWA immigration lawyer to evaluate your particular circumstances and legal options.

We look forward to hearing from you and discussing your immigration options under VAWA.  There is no charge for an initial telephone consultation. The Law Office of Rose H. Robbins represents VAWA immigration clients from all over the United States since it involves the same Federal laws and regulations.

Call (954) 946-8130 to find out about the legal services we offer in the area of VAWA law. We do not offer a free consultation with an attorney and there is a charge for a legal consultation depending on the complexity of the matter.

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* Major Florida Counties We Serve

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We look forward to hearing from you!

 

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