Do I qualify for VAWA?

[Boiler 45,717]

OP has been in the US since 2 weeks of age.

I was in the UK from 0 weeks of age, or minus 9 months if you go for that.

[SingleDad2usc 71]

That's also something for OP to work on: getting paper proof of her entry date, or at least the earliest date of being on US land she could prove. A lot may ride on such proof of date, including her continuous presence commencing before Welfare Reform Act of 1997. As to the ancient felony, committed under duress of both her undocumented status and early single motherhood - a lawyer could work that one out, thus opening door to all of the above paths. USCIS requires proof of moral character going back 7 years; certainly something that occurred over 10+ years can be worked out

Edited May 24, 2014 by SingleDad2usc

[belinda63 3,039]

Sounds like she was EWI which means she snuck into the country. Wait for her return to verify if she even knows.

[2ndMessiah 184]

Mexico?

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

She has been in the US since she was 2 weeks old.

Like you Boiler my attitude is also normally go home. But home for her is the US.

A good lawyer is her first port of call.

Edited May 25, 2014 by 2ndMessiah

[Gosia & Tito 199]

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...

OP, if you are in Houston: http://www.catholiccharities.org/services/services-programs-immigration

Catholic Charities, at Louisiana 2900, on the South edge of downtown (713.526.4611), they might take your case. One of their requirements is 'no convictions'; You might need to preesnt your case and see if they might take you.

They have 'Charlas' once a month. Unfortunately, latest one was just yesterday. Next is June 24th, 7pm. Lot of people go to this, you want ot get there early, by 5pm probably; to be within the first to get in andd had the chance to present your case. They only take the first 100-120 people that show up.

[mayra8212 4]

This is my home, I have no family in Mexico. Catholic Charities has a charla coming up June 3rd...I will try them and hope they can help. I consulted an attorney about the felony and he said there are waivers and my felony was over 10 years ago and he thought that wasn't really an issue. Proof of my marriage I have only letters from people that know of our relationship since 1998. We have one child together and I have the arrest records.

[mayra8212 4]

I had never heard of Vawa until this last time he hit me. A friend mentioned it to me and said I should look into it.

[discoverusa 277]

Mexico?

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

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.

[belinda63 3,039]

She never answered the question if she was EWI or not, I still assume she was. She can qualify for VAWA if 1. she can prove a bona fide marriage and 2. she can overcome the felony CIMT.

[SingleDad2usc 71]

Correct: your VAWA can be approved. But don't think criminal record is a piece of cake. Your attorney has to do work on this. Then if you get RFE on bona-fide marriage and you can't satisfy it - you can try DACA. And even if that fails, you can fight C-o-r. So eventually you'll prevail - but get on getting an attorney following June 3

This is my home, I have no family in Mexico. Catholic Charities has a charla coming up June 3rd...I will try them and hope they can help. I consulted an attorney about the felony and he said there are waivers and my felony was over 10 years ago and he thought that wasn't really an issue. Proof of my marriage I have only letters from people that know of our relationship since 1998. We have one child together and I have the arrest records.

Edited May 25, 2014 by SingleDad2usc

[mayra8212 4]

What is EW?

Yes, hopefully they can shed further light. Thank you guys for the advice

[SingleDad2usc 71]

EWI (entered without inspection) is obviously why your parents don't want to be found out today. Well, fight hard to get a pro-bono attorney. You're a good candidate for it

[mayra8212 4]

My mom was a single mother, she had me and my sister with her when she came over. I have proof from 1984 til know that I have been here. Plus my brother is a Us citizen and he was born 1984... My mom was here thru out her pregnancy which means I was here too. Thank you again, I hope someone at the center can help me.

[SingleDad2usc 71]

While your brother's birth certificate is your MOM's proof of being here in 1984, it's not clear what's yours(?)

[Sandra G. 5,052]

singledad she DOES NOT qualify to file DACA,, because of the felony.To request consideration of deferred action for childhood arrival the alien cannot have any felony.

"...Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.because of the felony".

There is no waiver for DACA cases.