Vawa with pending criminal charges

[Didi990 0]

Hi Everyone.I am new here,I decided to share my story to see if anyone has this type of experience similar to mine.so I got married to my us citizen February 2021 but we had been living together before marriage.My husband was physically and emotionally abusive towards me.please note I have not filed for  adjustment of status yet. I was in the process of gathering all documents together and already filled forms and spoken to an immigration lawyer.

I started documenting all of this abuses,and I really don't know  I think he found out and one day he staged an assault on himself using a knife on himself and called the police and I was arrested.Theres a lot of background story preceding the arrest but I do not have the mental capacity to go into that  now.After I was arrested ,I called my sister from the police station and I was bonded out within 24hrs because I knew definitely my husband would not bond me out.

To cut the story short,my sister went back to the apartment I lived with my husband and she saw that my husband had packed out all of his belongings.all the forms and documents I was putting together for adjustment of status,all the supporting documents he gave me and we have not been able to reach him as I speak.This happened june2021.My sister did a background search on my husband and we found out he had been arrested multiple times for assault and domestic violence and also been in jail which I never knew of.

Fast forward to today,My charges have not been filed or indicted.My criminal lawyer submitted a jury packet on my behalf with evidence to show what actually happened and why my husband did what he did but we have not heard anything from the DAs OFFICE and I really just want to move on with my life.I spoke with my immigration lawyer and she says I Qualify for vawa but I need a letter of disposition for my current charges from the Das office /court. I am currently living with my sister and dependent on her.All advices and suggestions will be much appreciated,also if anyone has questions please feel free to ask,thank you

 

 

[Dashinka 24,519]

44 minutes ago, Didi990 said:

Hi Everyone.I am new here,I decided to share my story to see if anyone has this type of experience similar to mine.so I got married to my us citizen February 2021 but we had been living together before marriage.My husband was physically and emotionally abusive towards me.please note I have not filed for  adjustment of status yet. I was in the process of gathering all documents together and already filled forms and spoken to an immigration lawyer.

I started documenting all of this abuses,and I really don't know  I think he found out and one day he staged an assault on himself using a knife on himself and called the police and I was arrested.Theres a lot of background story preceding the arrest but I do not have the mental capacity to go into that  now.After I was arrested ,I called my sister from the police station and I was bonded out within 24hrs because I knew definitely my husband would not bond me out.

To cut the story short,my sister went back to the apartment I lived with my husband and she saw that my husband had packed out all of his belongings.all the forms and documents I was putting together for adjustment of status,all the supporting documents he gave me and we have not been able to reach him as I speak.This happened june2021.My sister did a background search on my husband and we found out he had been arrested multiple times for assault and domestic violence and also been in jail which I never knew of.

Fast forward to today,My charges have not been filed or indicted.My criminal lawyer submitted a jury packet on my behalf with evidence to show what actually happened and why my husband did what he did but we have not heard anything from the DAs OFFICE and I really just want to move on with my life.I spoke with my immigration lawyer and she says I Qualify for vawa but I need a letter of disposition for my current charges from the Das office /court. I am currently living with my sister and dependent on her.All advices and suggestions will be much appreciated,also if anyone has questions please feel free to ask,thank you

 

 

Sorry to hear of your troubles.  I think your immigration lawyer is correct, so hopefully the criminal case is taken care of quickly.  You may want to join the discussion in the thread below for those closer to the VAWA process.

 

Good Luck!

 

 

[Didi990 0]

Thank you so much.I already joined the discussion in the thread 

[Nervous Waiting 0]

On 1/12/2022 at 2:50 PM, Didi990 said:

Hi Everyone.I am new here,I decided to share my story to see if anyone has this type of experience similar to mine.so I got married to my us citizen February 2021 but we had been living together before marriage.My husband was physically and emotionally abusive towards me.please note I have not filed for  adjustment of status yet. I was in the process of gathering all documents together and already filled forms and spoken to an immigration lawyer.

I started documenting all of this abuses,and I really don't know  I think he found out and one day he staged an assault on himself using a knife on himself and called the police and I was arrested.Theres a lot of background story preceding the arrest but I do not have the mental capacity to go into that  now.After I was arrested ,I called my sister from the police station and I was bonded out within 24hrs because I knew definitely my husband would not bond me out.

To cut the story short,my sister went back to the apartment I lived with my husband and she saw that my husband had packed out all of his belongings.all the forms and documents I was putting together for adjustment of status,all the supporting documents he gave me and we have not been able to reach him as I speak.This happened june2021.My sister did a background search on my husband and we found out he had been arrested multiple times for assault and domestic violence and also been in jail which I never knew of.

Fast forward to today,My charges have not been filed or indicted.My criminal lawyer submitted a jury packet on my behalf with evidence to show what actually happened and why my husband did what he did but we have not heard anything from the DAs OFFICE and I really just want to move on with my life.I spoke with my immigration lawyer and she says I Qualify for vawa but I need a letter of disposition for my current charges from the Das office /court. I am currently living with my sister and dependent on her.All advices and suggestions will be much appreciated,also if anyone has questions please feel free to ask,thank you

 

 

I have a similar problem. 
actually my case was already dismissed and I’m working on the expungement. But I don’t know if I can get approved with that because uscis knows everything and have access to everything 

 

[Boiler 45,557]

Hopefully you have an Immigration Lawyer, usually expungement is that last thing you want to do with an Immigration case.

[Nervous Waiting 0]

9 minutes ago, Boiler said:

Hopefully you have an Immigration Lawyer, usually expungement is that last thing you want to do with an Immigration case.

Why? Expungement is for the background check for anything BUT immigration. They have access to everything so even if my case gets expunge, they will know it. This is for when I’m applying to jobs and they do background checks. 

[Boiler 45,557]

3 minutes ago, Nervous Waiting said:

Why? Expungement is for the background check for anything BUT immigration. They have access to everything so even if my case gets expunge, they will know it. This is for when I’m applying to jobs and they do background checks. 

If it is expunged how will you access the record?

[Didi990 0]

1 hour ago, Nervous Waiting said:

and

Yes it makes sense to expunge solely for the purpose of background checks related to jobs.if the expungement is related to your vawa application, usics can definitely see everything.

[Nervous Waiting 0]

2 minutes ago, Boiler said:

If it is expunged how will you access the record?

Uscis is pretty much God in here. They have access. Plus, I have a copy of everything

[Boiler 45,557]

If your Lawyer is OK with it fine, just not normal.