VAWA, Part 14

[Stillwinning!!!😊 4,570]

13 minutes ago, Strong123 said:

Hello Everyone New to this forum and i read all the comments i have a questions, After coming here in USA, I married during the 90 days giving as a K-1 applicant, My husband did not want to wait 90 days so he got everything prepare upon my arrival we married right away, Abuse started to happen after I married, he is 10 years older than me, he did all immigration paper work, he have absolute control, over everything, We had our interview 3 weeks ago, officer gave us a paper the our case was under review. I was nervous also mistake some of the dates questions.. I found out about VAWA since i already had interview i will wait and hold up as much as I can. My questions is can i applied for VAWA after getting my conditional GC ?

Hi please find time to read this I'm sure it will help!

 

 

If you become a U.S. resident due to your marriage to a U.S. citizen, you will get a “conditional” green card that expires in just two years. Within 90 days of this expiration date, you and your spouse are expected to jointly file Form I-751, Petition to Remove the Conditions of Residence, with U.S. Citizenship and Immigration Services (USCIS). Doing so will allow you to remain in the United States. After your application is approved, your conditional resident status will be converted to permanent residence.

But filing this petition and gaining this approval can be difficult if your spouse is physically or emotionally abusive; especially if he or she is using your immigration status, and his or her cooperation in obtaining the green card, as a way to control you. The good news is that the law offers a way to deal with this situation. And after your I-751 is approved and you become a permanent resident, your right to live and work in the U.S. cannot be taken away based on you no longer being with your spouse.

Filing Form I-751 Without Your Spouse

USCIS allows conditional residents to file Form I-751 without the cooperation of their spouse if they request, and then receive, a waiver of the joint filing requirement. If you have been battered or abused by your U.S. citizen spouse (or if your conditional resident children were battered or abused by a U.S. citizen or conditional resident parent) you (or they) can apply for a waiver. In addition, conditional residents who would be subjected to extreme hardship if returned to their home country, whose spouse has died, or who have divorced, may apply for a waiver, as detailed at What if Your U.S. Spouse Won’t Sign the Joint Petition (I-751).

You can apply for any or all of the joint filing waivers that you qualify for. However, you should contact an experienced immigration attorney before applying for any waiver, as you will need to provide plenty of evidence with your petition. In this article, we will discuss what is necessary to apply for a waiver based on abuse or battering.

How the “Battered Spouse” Waiver Differs From the VAWA Self-Petition

A Form I-751 waiver is available for conditional residents who have been battered or abused by their U.S. citizen spouse. If you have not yet received a temporary green card due to your marriage, even if you have been abused by your U.S. citizen or permanent resident spouse, you may not file Form I-751 at this time. The same is true for abused or battered foreign-born children who have never been conditional residents.

However, the Violence Against Women Act (VAWA) permits domestic violence victims and their children to self-petition for a green card by filing Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, found on the USCIS I-360 page. Men are also eligible to file this petition. More guidance can be found at Green Card Under the Violence Against Women Act: Who Is Eligible.

[Strong123 1]

54 minutes ago, Stillwinning!!!😊 said:

Hi please find time to read this I'm sure it will help!

 

 

If you become a U.S. resident due to your marriage to a U.S. citizen, you will get a “conditional” green card that expires in just two years. Within 90 days of this expiration date, you and your spouse are expected to jointly file Form I-751, Petition to Remove the Conditions of Residence, with U.S. Citizenship and Immigration Services (USCIS). Doing so will allow you to remain in the United States. After your application is approved, your conditional resident status will be converted to permanent residence.

But filing this petition and gaining this approval can be difficult if your spouse is physically or emotionally abusive; especially if he or she is using your immigration status, and his or her cooperation in obtaining the green card, as a way to control you. The good news is that the law offers a way to deal with this situation. And after your I-751 is approved and you become a permanent resident, your right to live and work in the U.S. cannot be taken away based on you no longer being with your spouse.

Filing Form I-751 Without Your Spouse

USCIS allows conditional residents to file Form I-751 without the cooperation of their spouse if they request, and then receive, a waiver of the joint filing requirement. If you have been battered or abused by your U.S. citizen spouse (or if your conditional resident children were battered or abused by a U.S. citizen or conditional resident parent) you (or they) can apply for a waiver. In addition, conditional residents who would be subjected to extreme hardship if returned to their home country, whose spouse has died, or who have divorced, may apply for a waiver, as detailed at What if Your U.S. Spouse Won’t Sign the Joint Petition (I-751).

You can apply for any or all of the joint filing waivers that you qualify for. However, you should contact an experienced immigration attorney before applying for any waiver, as you will need to provide plenty of evidence with your petition. In this article, we will discuss what is necessary to apply for a waiver based on abuse or battering.

How the “Battered Spouse” Waiver Differs From the VAWA Self-Petition

A Form I-751 waiver is available for conditional residents who have been battered or abused by their U.S. citizen spouse. If you have not yet received a temporary green card due to your marriage, even if you have been abused by your U.S. citizen or permanent resident spouse, you may not file Form I-751 at this time. The same is true for abused or battered foreign-born children who have never been conditional residents.

However, the Violence Against Women Act (VAWA) permits domestic violence victims and their children to self-petition for a green card by filing Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, found on the USCIS I-360 page. Men are also eligible to file this petition. More guidance can be found at Green Card Under the Violence Against Women Act: Who Is Eligible.

I read all thank you so much for this information 

[Stillwinning!!!😊 4,570]

1 minute ago, Strong123 said:

I read all thank you so much for this information 

☺ 👍 you're welcome always!

[jamaica fineness 104]

Hey guys did my biometric today june 26 2019 it was over in less than 10 minutes they only did one finger  for i-360, was submitted on may 15 2019 

[Stillwinning!!!😊 4,570]

5 minutes ago, jamaica fineness said:

Hey guys did my biometric today june 26 2019 it was over in less than 10 minutes they only did one finger  for i-360, was submitted on may 15 2019 

Great! 👍 you're good!

[jamaica fineness 104]

Just now, Stillwinning!!!😊 said:

Great! 👍 you're good!

Yep im good to go 😊😁 sometimes i dont even remember im undocumented 😆

[Stillwinning!!!😊 4,570]

Just now, jamaica fineness said:

Yep im good to go 😊😁 sometimes i dont even remember im undocumented 😆

Lol😂😂😂😂 you're not entirely undocumented! Let that sink in..☺

[jamaica fineness 104]

3 minutes ago, Stillwinning!!!😊 said:

Lol😂😂😂😂 you're not entirely undocumented! Let that sink in..☺

Sometimes we just got to know how to live under ground and be happy😊 untill our time come

Edited June 26, 2019 by jamaica fineness

[Stillwinning!!!😊 4,570]

2 minutes ago, jamaica fineness said:

Sometimes we just got to know how to live under ground and be happy😊 untill our time come

LOL😂😂😂 I feel you bro👍 that time is approaching..faster than you thought! Godbless us all🙏

[Trizzle 194]

25 minutes ago, jamaica fineness said:

Yep im good to go 😊😁 sometimes i dont even remember im undocumented 😆

Yeah you got it wrong thou. Your not UNDOCEMENTED, you just OVERSTAYED. Persons who entered without being inspected are undocumented if that makes you feel better. 😎😎😎😎

[Sandra G. 5,057]

22 hours ago, Blunt said:

@sandranj how does the psychological evaluation go?? You said they gonna diagnose the patient.but I think the patient will tell them how he or she is feeling before they can diagnose and tell actually what the patient is suffering from ? Or they are just gonna diagnose the patient  without even asking the patient how he or she is feeling ....I’m just asking ,cause when I did Mine,they asked me how I’m feeling and I told them my wife beats me and spits on me..and also I can’t sleep and I don’t have appetite anymore and they asked me if I always lost concentration I told them yes and they placed me on Zoloft and I keep attending sessions ...is that how it works ??

You didn't read with attention what I wrote. I said " ... you need to attend therapy and have a psychological evaluation done", that being said the person will first attend the therapy and then have the evaluation done". 

 

Psychologists can't prescribe medication in most States, you probably are seeing a psychiatrist. A psychiatrist can draft a psychological evaluation as well,   but I prefer if the person is attending therapy with a counselor or a psychologist because all evaluations that I read drafted by psychiatrists had a maximum of 2 pages.

Edited June 26, 2019 by sandranj

[Blunt 167]

2 minutes ago, Trizzle said:

Yeah you got it wrong thou. Your not UNDOCEMENTED, you just OVERSTAYED. Persons who entered without being inspected are undocumented if that makes you feel better. 😎😎😎😎

 I wan take to ask if I’m suppose to pay for the renewal of my EAD based on same category 

[Sandra G. 5,057]

3 minutes ago, Trizzle said:

Yeah you got it wrong thou. Your not UNDOCEMENTED, you just OVERSTAYED. Persons who entered without being inspected are undocumented if that makes you feel better. 😎😎😎😎

 

11 minutes ago, Trizzle said:

Yeah you got it wrong thou. Your not UNDOCEMENTED, you just OVERSTAYED. Persons who entered without being inspected are undocumented if that makes you feel better. 😎😎😎😎

 From a legal standpoint,  anyone who is in the U.S in violation of the Immigration Law are called "  undoccumented", if they overstayed or entered without inspection.

[Sandra G. 5,057]

5 hours ago, Strong123 said:

Hello Everyone New to this forum and i read all the comments i have a questions, After coming here in USA, I married during the 90 days giving as a K-1 applicant, My husband did not want to wait 90 days so he got everything prepare upon my arrival we married right away, Abuse started to happen after I married, he is 10 years older than me, he did all immigration paper work, he have absolute control, over everything, We had our interview 3 weeks ago, officer gave us a paper the our case was under review. I was nervous also mistake some of the dates questions.. I found out about VAWA since i already had interview i will wait and hold up as much as I can. My questions is can i applied for VAWA after getting my conditional GC ?

You can't file for VAWA after you  became a green card holder, but you can file I-751 WAIVER  based  on extreme cruelty.

[Sunnyman 45]

1 hour ago, sandranj said:

You can't file for VAWA after you  became a green card holder, but you can file I-751 WAIVER  based  on extreme cruelty.

I dm you. Kindly respond to my questions in your box @Sandraj