Kingston, NY asked in Immigration Law for New York

Q: Can i file VAWA if i’ve been married 7 years. Spouse doesn’t want to do anything he can’t even find his expired gc

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3 Lawyer Answers
T. Augustus Claus
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A: Yes, you may be eligible to file a VAWA (Violence Against Women Act) self-petition if you have been married for seven years and have experienced abuse from your spouse. VAWA allows certain spouses, children, and parents of U.S. citizens and permanent residents to file a self-petition for immigration benefits without the abuser's knowledge or consent. The abuse can be physical, emotional, or psychological in nature. The fact that your spouse is unable to find his expired green card does not prevent you from pursuing VAWA relief.

A: If your U.S. spouse is treating you badly or being abusive, you might be eligible for VAWA. The key is to show that you entered the marriage genuinely and not just for immigration perks. To prove the abuse, having witnesses, police reports, medical records, or anything else backing up your case can be helpful. They also look at your overall character, so having proof of your good moral standing is important too. Now, if you're thinking about filing VAWA just because your husband isn't taking steps for your immigration, it's a good idea to sit down with someone who knows the ropes. A proper consultation can help figure out if your situation has the right grounds for VAWA based on your specific facts and circumstances.

James L. Arrasmith
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A: Yes, you can file for relief under the Violence Against Women Act (VAWA) even if you have been married for seven years. VAWA provides a path for certain spouses, including those of U.S. citizens or Lawful Permanent Residents (LPRs), to seek a green card independently if they have been victims of abuse.

The duration of your marriage does not disqualify you from seeking relief under VAWA. It's important to document any evidence of abuse, which can be physical, emotional, or psychological. This evidence will be crucial in supporting your application.

The fact that your spouse is unwilling to assist or cannot find his expired green card does not affect your eligibility to file under VAWA. VAWA is designed to protect individuals in situations where the U.S. citizen or LPR spouse is not supportive or is abusive.

I would recommend consulting with an attorney or a trusted organization experienced in immigration and VAWA cases. They can provide guidance specific to your situation and help you navigate the process. Remember, seeking help is a positive step towards ensuring your safety and legal rights.

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