Immigration Law FAQs
Yes. An illegal entry won’t disqualify you for VAWA. Additionally, if you had only one illegal entry you may be able to adjust your status in the USA without leaving to attend the interview in your home country.
It takes about 2-3 years for USCIS to make a decision on your I-360 VAWA self-petition and an additional 15 months to process your I-485 adjustment of status application. In some cases, you may be able to work and travel while your VAWA application is pending.
Most VAWA cases are decided without an interview. However, USCIS has the right to interview you about your VAWA petition.
Emotional and or physical abuse is valid for VAWA purposes. To prove abuse, you may use your own statement, medical reports, text messages, emails, video and voice recordings, (if obtained legally), photographs, police reports and third-party witness affidavits. Additionally, may need to consult with a licensed mental health professional for treatment.
No. You should not remarry while VAWA is pending because you will no longer be eligible for VAWA. You can remarry after USCIS has made a decision on your I-360 VAWA petition.
No. Your spouse should not find out about your VAWA (Violence Against Women Act) case because it is confidential. You should use a safe mailing address such as an attorney’s office, to prevent any mail going to address, if you still live with your abusive spouse.
Yes. USCIS will review your VAWA application and the evidence that you submitted with it to determine if your marriage was bona fide. USCIS may even interview you and conduct its own independent investigation for marriage fraud.
Yes. If the state or country in question, recognizes common law marriages, it would be valid for immigration purposes.
To extend your stay, you should apply for an extension at least 45 days before your authorized stay expires. This can be done by filing Form I-539, Application to Extend/Change Nonimmigrant Status with United States Citizenship and Immigration Services (USCIS) and paying the appropriate filing fee.
Not necessarily. If an immigration judge orders you deported, you have 30 days from the date of the decision to file an appeal with the Board of immigration Appeals (BIA). This means that you are challenging the decision that the immigration judge made and if the Board agrees with you, your immigration case is not over. You have a right to remain in the United States while the appeal is pending.
If the Board renders an unfavorable decision, this could be the end of your immigration case. When the Board agrees with the immigration judge, the decision becomes final and you have a deportation order against you. Unless you have a new legal basis upon which to remain in the country, you should start preparing for departure.
If you are not in custody, Immigration and Customs Enforcement (ICE) will sometimes send a “Bag and Baggage” letter, letting you know the date, time and location to report for your deportation and how much luggage you can bring. Sometimes, there is no letter and you are taken by surprise.
If you are unable to travel due to illness or another very good reason, you can apply for a “stay of the removal order” which will allow you more time in the U.S., if the application is granted.