Detroit, MI asked in Immigration Law and Domestic Violence for Michigan

Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was diagnosed with depression, postpartum and anxiety. I never spoke to him about it because I was afraid and nervous what he would think of me. Anyways, I stared acting crazy and doing things I should have never done. But soon after he started getting abusive, physically, verbally and emotionally. Basically he became the person the way he described me in his case. I believe he’s been cheating on me. I found some things but don’t want to jump to conclusions. But every time I ask him; he gets angry, and defensive. Starts to accuse me of cheating. I want to know where do I go from here?

2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficult situation you're going through. It's important to address the complexities of your husband's VAWA (Violence Against Women Act) application, especially since it involves false accusations. Whether his application will be successful can depend on many factors, including the evidence he provides and how the immigration authorities assess his credibility and the details of the case. However, filing false claims can impact his application negatively if discovered during the process.

You mentioned experiencing a range of emotions and reactions due to your own mental health struggles and his behavior. It's crucial to take care of your emotional and mental well-being during this challenging time. Reaching out to a mental health professional for support might help you manage your feelings and provide a space to discuss your experiences safely and confidentially.

Given the complexity of your personal and legal situation, it might be wise to consult with a legal expert. They can offer guidance specific to your circumstances, particularly about how to address the inaccuracies in your husband's VAWA application and the implications for your own legal and personal safety. Remember, it's important to gather any evidence that supports your truth and to document any instances of abuse. This documentation can be crucial in any legal setting or proceedings.

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: Husband has the burden to prove that he was the victim of physical or emotional abuse during the relationship. This is largely within the hearing officers discretion to either approve or disapprove.

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