Need urgent help regarding VAWA!!!

[Anh map 2,098]

How did you enter the US? You stated earlier that you did not enter on a K1 visa. What visa are you adjusting status from?

[mochamom 0]

I have been hospitalized since Sep 19th due to heavy bleeding and preterm labour caused by the stress and depression that I am currently going through. My husband asked me if I wanted to go to the interview with him but I said no. In fact even if I wanted, my doctor wouldn't allow me and the hospital wouldn't release me either. I had to call immigration to reschedule (I didn't know what to do since I couldn't physically go myself, I was not comfortable to tell the agent on the phone that I am doing VAWA, since often times they don't really know how to handle such situation and get it messed up). Now I am lying in bed day by day in the hospital trying to get healthier for my baby but at the same time, worried to death about what will happen next to my status.

I spoke to several lawyers on the phone regarding my VAWA but got quite confused and still not sure which one to use. Does anyone know

1. Can I file VAWA without having the conditional green card (one law office said that I need to have that first);

2. Can I file concurrently for I485 and EDA card? (one law firm said yes since I am married to US citizen but the other one said no, that I have to wait until my 360 approved first)

Any input from you would be highly appreciated.

Any one in the bay area has any other recommendation for a good lawyer specialized in VAWA? Many many Thanks again.

Hello Mocha mom,

I am so sorry about all the ####### your husband has put you through.. We are all suffering in our own different ways.

Ok, So these are your options based on my experience:

1. Try to reconcile the marriage with your husband ( I would not do that)

2. Go to the interview by yourself (or with a Lawyer) and explaine the situation to the immigration officer.. This is what I did, and they did not deport me. I had a second interview with USCIS and brought my lawyer with me, We explained the situation to the Immigration officer. Till now they did not deny my first I-485. My lawyer asked the immigration officer if it was possible to give us some time to file the VAWA, and he agreed.

They gave me about 75 days to file it before they deny me. I filed it in 60 days because it take a very long time to get all the documentation ready. So go to the interview, and explain the situation, but before you move out, make you you have a copy of your husban'd birth certificate or passport and a copy of your marriage certificate.

I live in San Jose, and There is a very good immigration attorney I am dealing with. He also covers the San Francisco area. If you PM me I will give you his information...

Just do not stay in that abusive relationship, and do not threaten your life or the baby's life

Wish you all the best of luck

Tuna

[indian guy 13]

I have been hospitalized since Sep 19th due to heavy bleeding and preterm labour caused by the stress and depression that I am currently going through. My husband asked me if I wanted to go to the interview with him but I said no. In fact even if I wanted, my doctor wouldn't allow me and the hospital wouldn't release me either. I had to call immigration to reschedule (I didn't know what to do since I couldn't physically go myself, I was not comfortable to tell the agent on the phone that I am doing VAWA, since often times they don't really know how to handle such situation and get it messed up). Now I am lying in bed day by day in the hospital trying to get healthier for my baby but at the same time, worried to death about what will happen next to my status.

I spoke to several lawyers on the phone regarding my VAWA but got quite confused and still not sure which one to use. Does anyone know

1. Can I file VAWA without having the conditional green card (one law office said that I need to have that first);

2. Can I file concurrently for I485 and EDA card? (one law firm said yes since I am married to US citizen but the other one said no, that I have to wait until my 360 approved first)

Any input from you would be highly appreciated.

Any one in the bay area has any other recommendation for a good lawyer specialized in VAWA? Many many Thanks again.

Answer: 1. Yes you can file WAVA without having green card. In fact you can file WAVA anytime in your green card process. Even if you have I485 interview and you both are going to attand interview, you can file WAVa and Officer will not disclose to your spouse any information About you filing WAVA petition.

2. Yes you can file Concurrently, Infact Your I 765 only be approved if you have filed I 485, If I 485 in not filed or pending , USCIS will not approve your I765.

Bottom line , you should file I 360(WAVA), I 765( EADOR work authorization), I485 and Other package goes with I 485 like, G325, I 864 etc. ( Green card processing form )

You may have already filed I 485 package. check it out.

[tuna_fsk 0]

I have been hospitalized since Sep 19th due to heavy bleeding and preterm labour caused by the stress and depression that I am currently going through. My husband asked me if I wanted to go to the interview with him but I said no. In fact even if I wanted, my doctor wouldn't allow me and the hospital wouldn't release me either. I had to call immigration to reschedule (I didn't know what to do since I couldn't physically go myself, I was not comfortable to tell the agent on the phone that I am doing VAWA, since often times they don't really know how to handle such situation and get it messed up). Now I am lying in bed day by day in the hospital trying to get healthier for my baby but at the same time, worried to death about what will happen next to my status.

I spoke to several lawyers on the phone regarding my VAWA but got quite confused and still not sure which one to use. Does anyone know

1. Can I file VAWA without having the conditional green card (one law office said that I need to have that first);

2. Can I file concurrently for I485 and EDA card? (one law firm said yes since I am married to US citizen but the other one said no, that I have to wait until my 360 approved first)

Any input from you would be highly appreciated.

Any one in the bay area has any other recommendation for a good lawyer specialized in VAWA? Many many Thanks again.

Hi Mocha Mom,

I sent you a private message about the details of filing.. Please check it.

1. Yes you may file VAWA if you are in the green card process, you do not have to have the conditional green card in your hand.. I don't think any of us have it.

2. Yes You can file another I485, I765, and I131 with I360... I got a brand new EAD based on VAWA while my previous EAD based on Marriage was still valid.

Also, Check out this Lawyer:

Daniel Shanfield

http://www.immigration-defense.com/

He is Excellent and Specializes in VAWA... He is in San Jose.

I hope this helps

Tuna