Legal Question in Immigration Law in California

Hello:

Generally, you need to be residing in the U.S. to apply. Therefore, I would get paroled into the U.S. and then apply for VAWA.

Battered Spouse Petition

Being battered by or subject to extreme cruelty includes such matters as being the victim of an act or threatened act of violence including forceful detention which results or threatens to result in physical or mental injury. Psychological and sexual abuse or exploitation constitute acts of violence. A Battered Spouse Petition can be filed either by the battered spouse or a battered child. First, USCIS will determine if there is a prima facie case, and if so, will decide whether to approve the petition. The person who committed the abuse will neither be part of the petition or notified that the petition is being filed. If this petition is approved, then it becomes possible to file for adjustment of status to that of lawful permanent residency.

A VAWA self-petitioner must be either living in the U.S. at time of filing self-petition or if not living in the U.S., have been subjected to abuse in the U.S. by the spouse, or the abuser is an employee of the U.S. government/armed forces. Please feel free to contact me at 415-273-9123 or [email protected] to discuss this matter further.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

My offices has successfully filed VAWA cases if the abuse took place in the United States. You can send me an email to [email protected] and we can go from there. I will need further information from you. You can also call me at 408-245-2416. I am available on IM as well for a consultation or skype.

www.mercylaw.com