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mayra8212

Do I qualify for VAWA?

By mayra8212 in Effects of Major Family Changes on Immigration Benefits

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mayra8212 Apprentice

mayra8212   4

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Filed: Other Country: Mexico
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Hello,

I am wondering if maybe someone on here could give me some insight on how to file for VAWA or if I qualify. I got married in 2001 with my husband, we dated for a few years and he was abusive then. I was 15 and he was 19. We had a child together then he went to jail. While he was in jail we got married, when he go out he went to live with me and our daughter. Wasn't long before he started his old ways again and I ran. I got in trouble because I had nowhere to go and cashed a bad check. They made it a felony since it was over 500 (700) and I did 4 months in the county. I read that I could file for a waiver regarding the felony since it happened over 10 years ago. Back to us, after I got out I looked for him and he was already dating someone else. My life went on and I met someone else, never divorced him though. Our daughter got us back in touch a few months ago and he lived with us for 3 months before starting his old ways again. He has a long rap sheet so leases in our name are a no because no apartment would lease him anything. Never had a bank account. Only thing I have are people that were here the day he hit me in Feb 2014. I have police records from when we first were together years ago too. I can probably get hospital records and more police records but since I don't have a valid DL I cannot get to them. I also have pictures of the bruises he left me in Feb. Can anyone give me some insight please? Thank you...

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discoverusa
discoverusa

This time you really outdid yourself. How was ever a Mexico her home if she's here since infancy. No common sense or basic human sympathy on your part. I guess in your eyes she is a criminal for EWI.

2ndMessiah
2ndMessiah

The question is, where would she go if deported? The only place she knows as home is the US. This is a serious and difficult situation beyond the scope of this these forums. Best advise has already

ricnally
ricnally

start a new thread to get this answered.

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

***** Moving from General Immigration to Effects of Major Changes forum *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

SingleDad2usc Proficient

SingleDad2usc   71

Posted
Filed: Timeline
Posted

look into these paths:

1.DREAM Act.

2.C-o-r 10y+ overstay.

VAWA may be tough with little bona-fide marriage proofs. Common child doesn't make for it; think of good proofs of having lived together for lengthy period. Also, do you have any copy of his USC document?

No matter which path, you'll need lawyer's work on your criminal record - very sticky issue. Get on getting a pro-bono lawyer TODAY

mayra8212 Apprentice

mayra8212   4

Posted
Filed: Other Country: Mexico
 Timeline
  • Author
Posted

Yes I have a copy of his birth certificate and police records of when he got arrested for hitting me. I was thinking of asking his side of the family for help but then that would alert him and I really don't want any more problems with him.

look into these paths:
1.DREAM Act.
2.C-o-r 10y+ overstay.

VAWA may be tough with little bona-fide marriage proofs. Common child doesn't make for it; think of good proofs of having lived together for lengthy period. Also, do you have any copy of his USC document?

No matter which path, you'll need lawyer's work on your criminal record - very sticky issue. Get on getting a pro-bono lawyer TODAY

Boiler Grand Master

Boiler   46,364

Posted
Filed: K-1 Visa Country: Wales
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Posted

look into these paths:

1.DREAM Act.

2.C-o-r 10y+ overstay.

VAWA may be tough with little bona-fide marriage proofs. Common child doesn't make for it; think of good proofs of having lived together for lengthy period. Also, do you have any copy of his USC document?

No matter which path, you'll need lawyer's work on your criminal record - very sticky issue. Get on getting a pro-bono lawyer TODAY

There is no Dream Act, if you mean DACA she said she is a felon.

COR, you need to be in removal proceedings, does not seem she is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Hypnos Grand Master

Hypnos   6,578

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Filed: Citizen (apr) Country: United Kingdom
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Posted

OP would also need to prove a bona fide marriage during a period of shared cohabitation.

From all the points mentioned, I think VAWA is a long shot.

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Boiler Grand Master

Boiler   46,364

Posted
Filed: K-1 Visa Country: Wales
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Only shot?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

belinda63 Experienced

belinda63   3,052

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

The felony would probably close all avenues. VAWA requires proof of a bona fide marriage and good moral character. She has neither.

COR requires she be in removal proceedings, good moral character, and a hardship on an immediate US relative if she is deported. She has none of these except maybe the child.

DACA requires good moral character so this is out.

Even marriage to a US citizen or a LPR/US citizen parent petitioning her would require a waiver.

2ndMessiah Rising Star

2ndMessiah   184

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

The question is, where would she go if deported?

The only place she knows as home is the US. This is a serious and difficult situation beyond the scope of this these forums.

Best advise has already been given. Get a lawyer, hopefully one that does Pro-Bono work TODAY.

Thank you, goodnight and may your gods go with you",

Dave Allen.

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

If passing a bad cheque was her only CIMT then the petty offence exception might be in play here, but certainly a lawyer is the way to go.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Boiler Grand Master

Boiler   46,364

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The question is, where would she go if deported?

The only place she knows as home is the US. This is a serious and difficult situation beyond the scope of this these forums.

Best advise has already been given. Get a lawyer, hopefully one that does Pro-Bono work TODAY.

Mexico?

Where was the only place you knew as home before you came to the US?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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