adjusting status from a visitors visa with a permanent resident?

[PJ1925 2]

She may be able to file a petition under the Violence Against Women Act: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

If she files a petition and it is approved, she can get deferred action or a Green Card. At the very least, her immigration status won't be connected to him anymore, so she can leave the relationship if she needs to. She'll need to prove the abuse, so it's helpful if he's been found guilty in a court.

There's probably an organization that helps abused women in your area, so she should contact them. Maybe you can look around for someone who can help her.

she actually send him to jail for one day but got him because she felt bad about their 2 year old son and her relationship with him... she drop all charges from him will this be a problem for when wants to become a citizen? thanks a lot!!

[NigeriaorBust 4,087]

I thought VAWA only worked when a USC was involved ? Interesting path to a green card otherwise jump the line by claiming abuse instead of waiting for a visa number.

[grrrrreat 109]

I thought VAWA only worked when a USC was involved ? Interesting path to a green card otherwise jump the line by claiming abuse instead of waiting for a visa number.

VAWA petitioners can be spouses of LPRs. It doesn't allow you to "jump the line". You still have to wait for your PD to become current (they transfer the PD date of your I-130). If your PD date isn't current, they will defer removal. You can adjust status when the PD is current.

One important difference is that a VAWA petitioner can adjust status even if they entered without inspection. The humanitarian policy of ensuring the abused spouse can become independent trumps the desire to punish them for EWI.

Edited June 26, 2012 by grrrrreat

[Anh map 2,098]

*Moved from Adjust Status - Work, Student, Tourist forum to Bringing Family Members of LPR forum*

[PJ1925 2]

She may be able to file a petition under the Violence Against Women Act: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b85c3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=b85c3e4d77d73210VgnVCM100000082ca60aRCRD

If she files a petition and it is approved, she can get deferred action or a Green Card. At the very least, her immigration status won't be connected to him anymore, so she can leave the relationship if she needs to. She'll need to prove the abuse, so it's helpful if he's been found guilty in a court.

There's probably an organization that helps abused women in your area, so she should contact them. Maybe you can look around for someone who can help her.

He went to jail once for a day, but my sister dropped all charges from him. She said it was because of their 2 year old and their relationship... Will that be a problem for him if he wants to apply for citizenship? thanks

[grrrrreat 109]

This is the second time you've said something offensive and off-topic on this thread, so I reported you to a moderator.

He went to jail once for a day, but my sister dropped all charges from him. She said it was because of their 2 year old and their relationship... Will that be a problem for him if he wants to apply for citizenship? thanks

Probably not.

[Krikit 1,164]

Posts violating the TOS, and those quoting them, have been removed and administrative action taken. One on-topic post has been returned below.

Probably not. She needs to have a long think about her future with him and in this country and decide whether he can take some responsibility, become naturalized, and petition for her Green Card, or whether she wants to break up with him and pursue a petition under the Violence Against Women Act. These issues have been put off far too long and everyone in the situation needs to get serious about her future.

[GlobeHopperMama 95]

He went to jail once for a day, but my sister dropped all charges from him. She said it was because of their 2 year old and their relationship... Will that be a problem for him if he wants to apply for citizenship? thanks

Actually, this really could be a problem. Moral character is a factor for naturalization, and DV arrests are taken very seriously even if they don't result in a conviction. Your sister really needs to talk to an immigration lawyer. Because he's not yet naturalized, they have a lot to work out here in the process of seeking legal status. I personally recommend these lawyers, both of whom offer free consultations, are wonderful people, and definitely know their stuff. Both are experienced with unlawful presence, adjustment of status in precarious situations, and VAWA.

Laura Fernandez- (she's in Milwaukee)

Lizz Cannon - (Boston)

I've personally worked with and highly respect both of them, and because immigration law is federal, it doesn't matter where your sister is, she can talk to them on the phone, email, whatever.

Edited June 26, 2012 by Carlos and Amy

[grrrrreat 109]

Actually, this really could be a problem. Moral character is a factor for naturalization, and DV arrests are taken very seriously even if they don't result in a conviction. Your sister really needs to talk to an immigration lawyer. Because he's not yet naturalized, they have a lot to work out here in the process of seeking legal status. I personally recommend these lawyers, both of whom offer free consultations, are wonderful people, and definitely know their stuff. Both are experienced with unlawful presence, adjustment of status in precarious situations, and VAWA.

Laura Fernandez- (she's in Milwaukee)

Lizz Cannon - (Boston)

I've personally worked with and highly respect both of them, and because immigration law is federal, it doesn't matter where your sister is, she can talk to them on the phone, email, whatever.

Hello, maybe you're new here. We don't usually plug individual lawyers on this board. If we allowed that, everyone would do that and it wouldn't be a do-it-yourself forum anymore, just advertising for lawyers. It's fine to advise someone to seek general attorney's advice if they don't have a DIY problem though.

However, your information about the arrests is a little alarmist. Most crimes without convictions don't result in a moral character problem for naturalization.

[Krikit 1,164]

Carlos and Amy is a long time member and an asset to VJ. Her post does not violate the TOS as it is not advertising... just a recommendation. You will see numerous recommendations for specific people and websites on the board. VJ is fine with it.

[GlobeHopperMama 95]

I only suggested those specific lawyers because I have seen too many people with tricky cases go to a "general immigration lawyer" who turns out to know little more than what most experienced users of VJ know, and who screws up terribly due to an incomplete knowledge of the INA and its implications. To the tune of deportations and bans that didn't need to happen if the lawyer had understood the law in the first place. My purpose in recommending those particular lawyers was because I know them personally and trust them to understand and care about situations exactly like this, and they don't charge for an initial consultation, all of which are things I can't say of most immigration lawyers out there.

As far as my thought on the domestic violence arrest, while it may sound alarmist, again, in the 4 1/2 ridiculous years I've been living on immigration forums, I've known people who had this turn out badly (long battle with USCIS) under the exact same circumstances. Disputes between spouses that result in a night in jail and no charges are sadly too common and even so, this can be cause for a holdup or even worse when it comes to naturalization. I feel like it's a very bad idea to under-estimate possible consequences, as someone who is typing from a less-than-desired life in another country because of under-estimated consequences in my husband's case.

[Deep2009 18]

That is really strange. If he went to jail because of hitting her.

The law says that he will be deported to the country of birth (or country of origin).

Some one at court house dropped the ball. "domestic violence" case against GC holder is reason to start removal process automatically.

She can not remove the proceedings, it the state they live in case take the domestic case with/without her being at the court.

Check the status of his case... I think he is also in trouble because of domestic case.

Edited June 26, 2012 by Deep2009

[PJ1925 2]

That is really strange. If he went to jail because of hitting her.

The law says that he will be deported to the country of birth (or country of origin).

Some one at court house dropped the ball. "domestic violence" case against GC holder is reason to start removal process automatically.

She can not remove the proceedings, it the state they live in case take the domestic case with/without her being at the court.

Check the status of his case... I think he is also in trouble because of domestic case.

it is really sad because they have a kid together... and she does not want to leave him... she has told me that he does not do stupid things anymore... thank you all for your responses though thanks!

[grrrrreat 109]

That is really strange. If he went to jail because of hitting her.

The law says that he will be deported to the country of birth (or country of origin).

Some one at court house dropped the ball. "domestic violence" case against GC holder is reason to start removal process automatically.

She can not remove the proceedings, it the state they live in case take the domestic case with/without her being at the court.

Check the status of his case... I think he is also in trouble because of domestic case.

This isn't true.

[Harsh_77 718]

This isn't true.

If he has a case against him, he might have hard time getting Citizenship based on the moral character condition.

It seems from the post the charges were dropped so might not be an issue in this particular case.