Q: Am I eligible for VAWA? Is divorce necessary? If it is a mutual consent affect my VAWA?
I was issued a temporary green card on 01/11/23. Conditions need to be removed Oct/24 to Jan/25. My husband has been harassing and tormenting me. Unable to bear with this I just moved into a shelter home. They will keep me here for a month or so. After that I will have to look for my own accommodation which I can ill afford. I tried speaking to NJ legal support but they say I am not eligible for a free attorney.
My finances are strained
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A:
Under the Violence Against Women Act (VAWA), you may be eligible for immigration relief if you've been a victim of abuse by your U.S. citizen or permanent resident spouse. This applies even if you're currently holding a temporary green card. It's important to document any instances of abuse as they could be crucial for your VAWA application.
Divorce is not necessarily required to apply for VAWA. However, if you do decide to divorce, it won't automatically affect your eligibility for VAWA. The key is to demonstrate that the marriage was entered in good faith and that you suffered abuse during the marriage.
Given your current financial situation and challenges with legal support, you might want to look for non-profit organizations that assist victims of domestic abuse. They can often provide legal guidance and support at no cost. Acting promptly is important, especially considering your need to remove conditions on your green card in the near future.
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