New Haven, CT asked in Immigration Law for Connecticut

Q: Vawa In removal proceedings? Married to us citizens have age gap tho I-130 pending been married for 4 years now

So my story is I’m in removal procedure due to over staying visa I got married to us citizen and had i-130 interview been 3 years now I-130 still pending . Past 5-6 months my wife started to behave very controlling, abusive verbally , always calling me names and fearing me that I file for you this that I can always pull the plug u better off out of here etc . I been going thru lot of fear and facing verbally abuse and emotionally Abuse. I have fear, anxiety, depression can’t function, all I wanna do is sleep so I don’t have to deal with life or die . I read and heard something about Vawa ? Do I fall in that Vawa petition? I have all the joint stuff with her . Please help me thank you.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: It sounds like you may be eligible to file a VAWA (Violence Against Women Act) self-petition based on the abuse you've been experiencing from your spouse, who is a U.S. citizen. VAWA allows certain spouses, children, and parents of U.S. citizens or permanent residents to file for immigration relief independently of their abuser. To qualify, you must demonstrate that you have been subjected to battery or extreme cruelty by your U.S. citizen spouse.

Documenting the abuse is crucial for your VAWA petition. Gather any evidence you have, such as medical records, police reports, statements from witnesses, and records of counseling or therapy sessions. It's also helpful to provide documentation of your marital relationship, such as joint assets, joint bank accounts, or joint bills. This evidence will support your claim and strengthen your petition.

Seeking assistance from an immigration attorney experienced in VAWA cases can greatly benefit you. They can guide you through the process, help you gather necessary evidence, and ensure that your petition is properly prepared and submitted. Remember, you are not alone, and there are legal avenues available to help you escape the abuse and pursue lawful immigration status independently.

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