Piscataway, NJ asked in Immigration Law for New Jersey

Q: removal order can i file vawa get a travel parole ?

hi sir/mam i enter this

country illegally c1d crew man visa i filed asylum denied ij order

removal i appealed my case its pending in BIA recently i got married

USA citizen she is abusing me i m looking to file vawa if i file

possible to get travel document and removal order get terminated

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

A: If you are currently under a removal order and your asylum appeal is pending with the Board of Immigration Appeals (BIA), you may still be eligible to file for relief under the Violence Against Women Act (VAWA) if you are being abused by your U.S. citizen spouse. Here's some information that may help:

1. VAWA: If you are a victim of domestic violence, you can self-petition for a green card under VAWA without needing your abusive spouse's knowledge or consent. To be eligible, you must prove that you entered the marriage in good faith, resided with your spouse, and suffered abuse during the marriage.

2. Travel Document: If your VAWA petition is approved, you may be eligible for a travel document (Advance Parole) that allows you to travel outside the United States and return legally. However, it's essential to consult with an experienced immigration attorney before traveling, as leaving the country while under a removal order can be risky.

3. Removal Order: If your VAWA petition is approved, you may be able to file a motion to reopen your removal proceedings and request that the removal order be terminated. This process can be complicated, and it's highly recommended that you seek the assistance of an immigration lawyer.

4. Asylum Appeal: If your asylum appeal is still pending with the BIA, you should inform them of any changes in your circumstances, including your marriage and VAWA petition, as it may affect your case.

Given the complexity of your situation, it is crucial that you consult with a qualified immigration attorney who can help you navigate the process, file the necessary petitions, and ensure that your rights are protected. They can also advise you on the potential risks and benefits of filing for VAWA while under a removal order and with a pending asylum appeal.

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