VAWA & AOS (merged)

[aaron2020 11,651]

You will not qualify for a green card under the VAWA since you left the US and gave up your green card.  

[missvrapter 9]

Even though I can prove that I left to save my sons life?

[f f 725]

it comes down to you didn't have to leave the us to save his life you could have moved to any 49 states and dc but you decided to go to the uk and missed the roc date and have been outside the us for over a year both of which cause you to lose lpr status. you can wait till your son is 21 and if he wants to he can sponsor you to move back.

[aaron2020 11,651]

You had a green card and you left the US.  There is no reason for the US to give you another green card to live here when you no longer live here and are no longer in danger from your abuser.

 

The reason for granting a green card or ROC under the VAWA is to get the beneficiary away from the control and/or abuse of the abuser.  You've accomplished that by leaving the US, so there is no need for relief under the VAWA.

 

Filing under the VAWA requires you to currently be living in the US.  You didn't make that choice.  You choose to leave the US. 

Edited January 27, 2017 by aaron2020

[missvrapter 9]

Okay, that makes sense. But why is there an option on the USCIS site to file from overseas? 

[Villanelle 4,122]

Aaron is usually correct but not on this matter. One can file for VAWA from overseas. While some people like the logic of 'well you left the US to escape the abuse so now you dont need VAWA' it doesnt work like that. Its almost like saying to an immigrant of a deceased spouse- well you dont need a GC now since your spouse is deceased- go back home or stay there.

 

The VAWA laws allow for one to file from overseas and no justification is needed as to 'why' they want to come back to the US. It is their right- so thats basically that...

 

------

 

You have a very complicated situation. You couldve filed for removal of conditions (even from overseas- even late) and had kept your greencard. Because you had one and surrendered it I am not sure if you are able to file for VAWA for a new one... I dont really see why not- but I dunno.

 

Sandranj is a attny who posts in the VAWA thread in this sub forum. She may find this post on her own- but I suggest you post a link to this thread in the current VAWA thread and ask her to respond. Or you can try to send her a private message.

Edited January 27, 2017 by Damara

[missvrapter 9]

Damara thankyou so much for the utmost positive words. I have sent her a pm asking if I can talk with her. I truly hope there is something I can do. 

[aaron2020 11,651]

I was wrong.  You can file.  You will need a good attorney.  Not a DIY.

[Ontarkie 14,221]

~~Related thread merged. Please keep your questions to one thread. It helps members give the best possible answers~~

[missvrapter 9]

Would you recommend filing from overseas or being in the US to file? My son will NOT be coming with me. I'll be signing over legal responsibilities to my parents and he will be living here in the UK with them. If I file from overseas can I mail in the I-485 too? Or would I be able to return to the States and file the vawa and i-485 then? I intend on getting a temporary protective order against my husband. I'm so confused on this whole thing; I've read so many different opinions and views and I just want to do things the moral, legal way. 

I will be able to prove that I had to come back to the UK to save my sons life when I found out I was pregnant - I have messages of my husband threatening abortion and giving me severe emotional abuse over message. I wasn't aware I was able to file the removal of conditions with an expired green card - I was told I had to mail it in to get destroyed before I could travel back to the US to take care of my legal matters in December, so that's what I did. On the receipt of the abandonment of the expired card, it states the reason I turned the card in - 9 months pregnant at the time the ROC was due and unable to mail documents in on time due to the birth of my child. 

Edited January 27, 2017 by alexndillon2125

[Cadence 20]

I'm not a lawyer, but I think this may be what you're looking for.

 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents#eligible

 

Give that page a read. Sections that are applicable to you are: those eligible to file, eligibility requirements for a spouse, and filing process. Looks like you'll need to submit an I-360. Once that is approved you'll be able to then file for a green card for yourself. 

 

USCIS also recommends reading this: http://www.uscis.gov/sites/default/files/USCIS/Humanitarian/Battered Spouse, Children & Parents/Immigration Options for Victims of Crimes.pdf

[missvrapter 9]

Cadence, thankyou so much for the information. This is exactly what I've been looking at. I'm currently out of the US, can I fly back in and file the paperwork that way and stay there? I'm still legally married but surrendered my GC after it expired. I last entered the US on the VWP Dec 31st 2016, and recently got back to the UK Jan 24th 2017.

Edited January 27, 2017 by alexndillon2125

[Georgia16 2,858]

12 hours ago, alexndillon2125 said:

Even though I can prove that I left to save my sons life?

I'm a bit confused.

 

You left the US because you needed to get away from your husband so he would kill your son. However you wrote before that you want him to meet your son so they can have a relationship together. Why would you do that if he wanted to kill your son?

 

Then you go on about leaving your son with your parents to live so you can come back and live in the US.

 

It all seems a bit confusing to me. Seems more like your focus is only to come back and live in the US no matter the cost.

[DrEllaNJ 288]

if your ex wants to see his son, have him come to the UK. As others have pointed out, you're putting yourself in a very vulnerable position if you take him to the US.

[missvrapter 9]

I apologise for the confusion. My husband has spent the last year in counselling and therapy with the VA after leaving the military, and has proved such things to me with written appointment letters. I want to move back and establish a good environment for my son before I bring him to the States. My son is only 6 months old. So he will be staying with my parents until a safe place has been established, then supervised visitation will be arranged through the courts for my husband to see our son. 

Edited January 27, 2017 by alexndillon2125