Do I qualify for wava

[Catherina 0]

I've been married to a citizen for 5 years. In that 5 years he has not even made an effort to get me legalized.  We have 2 kids together and they are both chronically ill. He is not really physically abusive but more so emotional. It's harder to prove emotional abuse that's why I'm a bit scared to take the leap. He always promises to get me legal during tax returns but once it comes he will say oh I need the money for this to pay rent, to give my mom money. Then he will say oh it's OK i can give like 500 now and then pay monthly to your lawyer. He has been saying that for 5 years. When I ask him he will say he will snap and say oh why do I have to pay? It's not my fault you overstayed your visa ( I was brought in as as a child but don't qualify for DACA). If I have the money I would pay. I'm a stay at home Moms to our kids. Even if I could work I can't because they need care with one of them needing a transplant. He has also cheated on me. Calls me horrible names including illegal. When we get a misunderstanding he used to tell me I better not use his bank card.( He lets me hold his bank card for kids diapers because he used to be a long haul truck driver). If I use it he would call the cops. I never use it anyways without his knowledge. I have to always ask for permission to even use it for Starbucks. He throws stuff, he threw my phone twice at seperate occasions when we disagreed because he says he pays the bills. Recently he threw a my son's toy car at my head but I ducked in time because I told my son's nurse that my husband watches his high blood pressure so I don't use salt when I cook in regards to my son's low sodium. He totally flipped out on me when I went home and told him. After he threw the car at me he told me if I didn't like it I could get out. He knows I have no money no where to go. I would also not leave my kids. He has pinched me and he claims he is playing but it hurts and he wouldn't stop even when I cried he will start his pinching few days later. It even left a bruise which I have a photo on. He pushed me while I was carrying my infant daughter ( we were living at a relative at that time) because I asked how much he gave my relative for rent since he owes 2 months rent. He told me it's none of my business eventhough my relative is the one on my back when he doesn't pay and shoved me causing me to stumble I managed to catch my balance all the while holding my 8 month old.  I cried about it and my relative threatened to call the cops if he did that again.  He also won't allow my relative or friends to pick up my child and will go off on them it's so embarrassing. He won't allow my dad to come to our house, I have to go outside to the park to see my dad. The house have to be how he likes it. I can't even put a photo up if he don't like it he will take it down but he can put whatever he likes up. He is very short tempered and it's embarrassing bringing him to the er if my kids are sick because he will yell at the nurses for stupid reasons like if they miss an IV which happens sometimes or if they wake him up while checking my kids vitals. I don't want to lose my kids, what if I took the step to wava and got denied and deported. My kids are American and he won't let me take them back to my country if I got deported. I also have no where to go and no money at all. I would rather stay with him and put up with his verbal abuse then risk losing my kids. Do you think I can qualify for wava. I don't have the money for an attorney. I don't even have a dollar. All my money I have to ask his permission and he will ask why you want the money and he will tell me to swipe the card for whatever I need so it's not like I can withdraw money.

[Penguin_ie 5,993]

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

[unknownuser 13]

You could always try to record conversations with the phone in your pocket...

[NigeriaorBust 4,087]

5 hours ago, unknownuser said:

You could always try to record conversations with the phone in your pocket...

 You can only do that in a state with one party consent.  If 2 party consent is needed it you would then be a criminal .

[Transborderwife 4,666]

6 minutes ago, NigeriaorBust said:

 You can only do that in a state with one party consent.  If 2 party consent is needed it you would then be a criminal .

Looking at OP's state they should be fine

[Sandra G. 5,047]

I just saw your post today.Your husband seems to be very abusive and he can hurt you big time. You should leave the house and go to a shelter for victims of domestic violence. Please contact the DOMESTIC VIOLENCE HOTLINE in your State and ask them a shelter for you to go, explain briefly about the physical abuse and tell them that you fear for your life.

 

Please don't use your cellphone if he uses to check the phone bill because he can find out that you called the DV hotline phone number and this will endanger your life.Considering what you mentioned here probably you have a VAWA case, but you have to leave him asap. Please gather all documents possible, especially a copy of his birth certificate and all bills that you have with the name of both.Once you are in the shelter you contact me and I can help you with your VAWA case if you want ok.

 

After leaving him DO NOT ANSWER HIS PHONE CALLS ANYMORE. Do not post on Facebook your whereabouts, tell your family and friends not to talk to him, and do not mention about the shelter with others.

Edited April 4, 2017 by sandranj