Legal Question in Immigration Law in New Mexico
My mother-in-law was a battered spouse, she has been separated from her husband for 10 years during the time that my mother in law was married her spouse was a permanent resident but he had his paper tooken away due to alot of felonies is she still elgible to file the form I-360? or would he still have to be an active permanent resident. If not what can she do to petition for herself?
1 Answer from Attorneys
I am not sure I can understand all facts in this situation as you explained in your brief post.
Most likely, as I understand the situation, it's not possible. If her husband is no longer a permanent resident, she can no longer qualify under VAWA as a self-petitioner. I have worked with many clients applying for VAWA, and an abusive spouse must be presently either a USA citizen or a permanent resident (not a former citizen or former resident).
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