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How to get a Green Card for Battered or Abused Spouse: San Diego Immigration Lawyer

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As a battered spouse, child, or parent of a U.S. citizen, you may self-petition for an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA), without the abuser’s knowledge. If you have an approved petition, you may be eligible to file for a Green Card.
Who is eligible?
Eligibility requirements for a spouse:
Qualifying spousal relationship:
You are married to a U.S. citizen abuser; or
Your marriage to the abuser was terminated by death or a divorce within the 2 years prior to filing; or
Your spouse lost or renounced citizenship status within the 2 years prior to filing due to an incident of domestic violence, or
You believed that you were legally married to your abusive U.S. citizen spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
You or your child have suffered battery/extreme cruelty by your U.S. citizen spouse:
You have been abused by your U.S. citizen, or
Your child has been subjected to battery or extreme cruelty by your U.S. citizen spouse.
You entered into the marriage in good faith, not solely for immigration benefits;
You have resided with your spouse; and
You are a person of good moral character.
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Пікірлер: 81

  • @amnakhan7324
    @amnakhan7324 Жыл бұрын

    God bless you sir!🤩

  • @cythie1
    @cythie14 жыл бұрын

    My friend is from Nigeria. She came to the U.S. then paid an American citizen thousands to marry her so she could get a green card. I knew her 2 years before I found out she was legally married. They have NEVER lived even one day under the same roof. The first interview failed. They filed again and when he found out he could be in trouble for this sham he will no longer help her. So she filed a false claim of abuse with vawa. I sat as she lied telling how he came home angry and mean, etc. The man does not live with her. She has falsely accused him and I had to tell her I can't help you with this lie. If you are abused it's a good process but so many like my friend are abusing this process. The man has done nothing to her as he lives somewhere else. Sad.

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Hello Cindy, yes is very sad.

  • @franciscarichardson6204
    @franciscarichardson62045 жыл бұрын

    I married a US citizen. We have three children together and I love him so much but every time when we get into an argument, he would say that he would ship me back. He doesn’t like me to talk to anyone, he puts me to work all the time and I work so hard that my hand are very muscular because I do mans work. He doesn’t like me to work or go visit friends or do anything. My life with him is getting more dangerous. He even threatens my family here in the country. He talks very loud and shout at me and the kids. I am so afraid say anything to him because then he have reasons to get more mad and make my life more miserable. I NEED HELP WITH MY KIDS. Thanks Lincy

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    5 жыл бұрын

    Hello Francisca. Please call my office to discuss in private (619) 8199204

  • @giovannipizardi7006
    @giovannipizardi70062 жыл бұрын

    Hi Jacob. I have already received a work permit, but I don't have a green card yet. My interview is scheduled for the next month. If I file the i360, does my work permit lose its validity? Do you think I'm going to have enough time to file it? Does my interview is going to be rescheduled if I do it? How much does it cost? Thank you!

  • @bigapplecouponing3268
    @bigapplecouponing32684 жыл бұрын

    Thank you for sharing! 😭😭😭

  • @discoverall199
    @discoverall1995 жыл бұрын

    How about if someone been abuse and then divorced? Can that person be eligible to file?

  • @LifeOfKemoy

    @LifeOfKemoy

    5 жыл бұрын

    Nilesh Soni probably. Call a lawyer and ask

  • @LifeOfKemoy

    @LifeOfKemoy

    5 жыл бұрын

    But the answer is yes u are eligible

  • @apig123
    @apig1235 жыл бұрын

    Hello, my husband has been publicly abusing me, in front of family and friends, has taken blod out of me a couple of times... The last time, it got out of my hands and my friends called the police, he pushed me, slaped me, and when i was in the ground, he kicked my face a d broke my nose... the cops came and now i jave a case against him... there was a blood injury and we have 2 kids together, i am very, very scares, his families member keep telling me i might get deported, and even thoug i sound confident, inside im very, very scared, i made a home for myself and my kids, and i gave this man all the chances somebody could ask for, it has been four years standing by this marriege, but it got extremely dangerous, and know i need help... I dont have money for an attorney, so CVAC is helping me with that, it will take a long time, but the cance of denial hunts me every second of mi life, you think with all the witness i have, the police report a d the fact it was a blood injury with a fracture bone, is a possibility of that happening? Please help me...

  • @itzelvalle654
    @itzelvalle6544 жыл бұрын

    Once my vawa is approved when can i file for a green card and after i send the green card application about how long does it take to get it?

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    A year after approval

  • @LizzyFagbohun
    @LizzyFagbohun6 жыл бұрын

    Hi. My ex-husband cancelled my application for adjustment of status after he filed for divorce. I was emotionally abused and am currently seeing a counsellor because I became suicidal due to the abuse. Can I still file under VAWA despite the case cancellation?

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    6 жыл бұрын

    yes absolutely. You have 2 years to do this after divorce or case revocation. Call me 619 819 92 04 to discuss this or email jacob@h1b.biz

  • @ogievavictory1886
    @ogievavictory18865 жыл бұрын

    Hi I filled my adjustment of status but my spouse hsa told me he will not follow me to the interview I’m still waiting for the interview latter, I’m abuse physical mentally emotionally he kick me out of the house and now we are going through the process of devorce what can I do I have done my biometric

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    5 жыл бұрын

    Hello Ogieva. Please call my office (619) 8199204 to schedule a consultation.

  • @imoleayokolawole8556
    @imoleayokolawole85564 жыл бұрын

    Am been abuse by my husband who has a green card.and I want to file for vawa while am still married to him.is it possible

  • @cristinarm3871
    @cristinarm38713 жыл бұрын

    Hello..I just want to ask if by the time of filing the I-751 the divorce is not yet filed, we are just separated. will that affect the process of the removal of the condition to my green card? This is filed base on abuse. I hope you reply. I first followed you on tiktok by the way. Thank you.

  • @bilalmushtaq8490
    @bilalmushtaq84904 жыл бұрын

    I submitted i-751 joint with my spouse but we are not living together over a year. I submitted the evidence that we have when we was used to live together . They schedule an interview my spouse will go with me for interview but our address are not same also we have son. We are not going to divorce anyways but can't live together as well. What i have to do to pass my 1st interview we don't have much evidence.

  • @milp2186
    @milp21865 жыл бұрын

    How are where to live after you finally got your green card or something like that? No English, no education, no house, no money, no work, nobody will hire such person to good pay job! Where to go after sheltor to become a homeless? What is your advise? Do you see american born homeless people sleeping on streets? They all have US citizenship and how they ended up on the street?????

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    5 жыл бұрын

    It’s a bigger issue homelessness in the US. But in this video I address options for abused immigrants

  • @arielmacabudbud8753
    @arielmacabudbud87534 жыл бұрын

    I am married to my wife a US Citizen, were been married for 2 years and 4 months and we haven’t file for my petition but she signed already my I 130, but problem now is I am about to file my petition but because she kept on threatening me every time I can’t send her money that she will not help me during the interview she will not come anymore,, my other account was closed already, our joint account is at stake because she had a loan and there’s sheriff order to garnish what we had in the bank,, I help her family expenses and even medical expenses of his Dad, I send money to her every month $300 to $400 or more,, what should I do now, because according her she will not come to help me in my papers anymore

  • @Veramanizchannel
    @Veramanizchannel6 жыл бұрын

    Hello sir, I got my vawa approved and I already file for my green card last month, and im going to biometric appointment on monday. So what’s next?? I noticed you mention that this case does not require an interview. Did you mean green card interview? Or do I still have to go through interview?? Thanks

  • @sterryking5155

    @sterryking5155

    5 жыл бұрын

    Hi I'm currently trying to apply for vawa myself, did you use a lawyer or file on your own.. congratulations on your case, hope I succeed..

  • @Veramanizchannel

    @Veramanizchannel

    5 жыл бұрын

    milee King hi thank you, yes I filed it my self. You just have to read the instruction carefully so u wont make mistake. If not just hire a lawyer, they will charge around $3500-$8000 depends on you case. In my case, I have all the proofs, thats why they approved me. Good luck to you.

  • @kemoy2012

    @kemoy2012

    5 жыл бұрын

    @@Veramanizchannel hey I am going true a abusing relationship and my wife want to send me back to my home country. Am so confused and don't know what to do I have alot of proves that I was abused.. I don't know if u would take the time out and explain how I can step from here. I would really appreciate that from u

  • @Letsgogetlosts

    @Letsgogetlosts

    5 жыл бұрын

    MAMA BELLA VANVIN Channel how long it take in total? Did you go for a interview? I file January 2017 got work permit may 2018.... but I didn’t got a letter out nothing say approve yet... when you find out it was approved? Congratulations

  • @jmgarcia6833

    @jmgarcia6833

    5 жыл бұрын

    did you have biometrics before?? is that your first time biometric?

  • @joeyguerra4004
    @joeyguerra40045 жыл бұрын

    I’m being abused but I still live in my home country I’ve never been to the USA can I apply for this petition

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    5 жыл бұрын

    Joey Guerra no you must be inside the US to apply

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    @Buen Perro Please call my office to schedule a consultation (619) 8199204

  • @wahidanazneen8449
    @wahidanazneen84494 жыл бұрын

    Hi Sir, I want to know regarding the filing of I 360 if the battered spouse is a male person and he is married to US citizen. Would be a pleasure to discuss with you in this.

  • @newtings7063
    @newtings70635 жыл бұрын

    My wife is a usa citizen she has been abusive physically and emitionally.Last time she attacked me i called the police and she kicked me out.She has filed for divorce.Can i still apply for vawa

  • @LifeOfKemoy

    @LifeOfKemoy

    5 жыл бұрын

    Evral Mack yes u can

  • @venemahase6236
    @venemahase62364 жыл бұрын

    What happened if we heading for a stokes interview and I have one police report hospital record and a retraining order..can I file vawa??? How long will vawa take?? Can I use my same priority date that am currently on?? If not should I continue the marriage and go for our stokes in which gonna be faster??

  • @cristinasmith9824
    @cristinasmith98244 жыл бұрын

    Hi,I'm glad I see your video.i dont know how to do with my situation I came here in US last 2017 in San Antonio TX,my wife kick me out when she found out I transfer my salary account in my new account that I made coz she used her account number in my job to go my salary.but when I knew she starting doing weird stuff I've questioned her and she always fight with me and slapped me..I'm so scared ,I dont have nothing she took all my money a trust her for 1 year I work all my tips everything she is the one who keep my money .when she kick me out her mom found out,her my mom went to my job at 5 am ..I'm surprised they look mad..they want me to go with them but I said I'm working I said comeback later when I'm off.i thought it was a good Idea to go with them coz I'm so stressed I cant eat ,no sleep I work 3 am i ride a bus 1 hour going to work I'm physically ,emotionally,hurt..even her mom of course that's her .on even her daughter is right she's will never be on my side.thats why I left coz they want me to go back instantly in Philippines so that her daughter not gonna be in trouble coz her husband or step dad is our sponsor.i just need help now I'm here with my auntie .thanks to her and my wife keep.my wife is not gonna help me with the papers.my green card will expired this October 05,2020 and now were suffering from corona sonic really dont know what to do..

  • @imoleayokolawole8556
    @imoleayokolawole85564 жыл бұрын

    How long does it take for vawa to be approved

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Almost 12 months

  • @patriciareis9109
    @patriciareis91095 жыл бұрын

    Have a friend who is going through abuse since they have been married almost three years now. They are very afraid they will get deported if the report the abuse to the law so they continue to stay out of fear my heart breaks for them they want to leave they are emtionaly physical abuse the other spouse treats them like this because they know they need their green card

  • @flipperstevens6902
    @flipperstevens69024 жыл бұрын

    I have applied for i751 jointly with my wife but after that we separated because of an incident that she got convicted of domestic violence against me and we don't live together, I did biometrics but dont know what shall I do next , I dont talk to my wife no more? Thank you

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Hello Flipper, you can still do green card removal of conditions on your own. However a waiver should be filed. Please email me: jacob@h1b.biz

  • @imoleayokolawole8556
    @imoleayokolawole85564 жыл бұрын

    Can I file for vawa while still married to a green card

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Yes you can

  • @laurentinesample5444
    @laurentinesample54445 жыл бұрын

    What if i don't have where to go with my kids?

  • @Emmanuel-sk3jh
    @Emmanuel-sk3jh5 жыл бұрын

    My spouse has been treating me horribly for months. Kicked me out of our home, took all my clothes and seized my International passport and a lot more. She attended the interview with me but later went on to withdraw the petition, I just received a notice of denial. I need your guidance on what to do.

  • @LifeOfKemoy

    @LifeOfKemoy

    5 жыл бұрын

    Emmanuel if u need help hit me up. Same thing I’ve been thru. I don’t get my greed card as yet but am doing petty good with immigration and also get some Benefits

  • @Emmanuel-sk3jh

    @Emmanuel-sk3jh

    5 жыл бұрын

    @@LifeOfKemoy I sure need help. How do I contact you please?

  • @samsungmiasanmia4947

    @samsungmiasanmia4947

    5 жыл бұрын

    @@LifeOfKemoy would you mind to exchange phone number

  • @bai267

    @bai267

    5 жыл бұрын

    @@LifeOfKemoy hello ...

  • @mubaraqbada7705
    @mubaraqbada77054 жыл бұрын

    Good afternoon Mr Sapchonik Thank you for the great work you are doing you are very appreciated I have been married to my U.S citizen wife for three years and she abused me emotionally by not getting a divorce for close to three years and ignored me because I showed insecurity do you think I have a claim? I thank you

  • @mubaraqbada7705

    @mubaraqbada7705

    4 жыл бұрын

    Law offices of Jacob.J Sapochnik Love you !

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Definitely schedule a call to discuss! calendly.com/jacobsapochnick/youtube-special-rate-consultation?month=2020-05

  • @mubaraqbada7705

    @mubaraqbada7705

    4 жыл бұрын

    I don’t have a bank account

  • @Elizabeth.717
    @Elizabeth.7174 жыл бұрын

    Please help me cuz my lawyer is on vacation !!! My husband is doing my paper but I can’t continue woth this sick life !!! I love him so much but this is going crazy ... I already have my work permit but still waiting for my interview... can i file i130? Do i apply for vawa? And how long does it takes ?

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    This is a very specific question to your case. Email me jacob@h1b.biz to set up a consultation

  • @Godslove4ken

    @Godslove4ken

    4 жыл бұрын

    @@SanDiegoImmigrationlawyer please what about in the case you filed VaWa and they didn't approve it, can you refile it again?

  • @Godslove4ken

    @Godslove4ken

    4 жыл бұрын

    Please Is VAWa refile-able upon denial?

  • @tanudebi2312
    @tanudebi23126 жыл бұрын

    Hi sir...I am going to marry USA citizen he stays in Ohio so how will get the green card and how many years would it take to apply for green card after the marriage

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    6 жыл бұрын

    Tanu if you are applying from abroad it will take about a year or so. If you are able to enter the US legally and later adjust your status, that process will be less long.

  • @donnaocasio45

    @donnaocasio45

    6 жыл бұрын

    Tanu Debi that’s the key thing , legally enter. Congratulations on both and good luck to both of you.

  • @halaniarif4180
    @halaniarif41806 жыл бұрын

    Hello sir, what is the processing time for the I-360 Petitions ?

  • @sheldonsalazar2118

    @sheldonsalazar2118

    6 жыл бұрын

    Currently it takes between 15 to 19 months.If the filing process goes smoothly,expect a decision in 16 months

  • @halaniarif4180

    @halaniarif4180

    6 жыл бұрын

    thanks

  • @newtings7063

    @newtings7063

    5 жыл бұрын

    Sheldon Salazar My wife is a usa citizen she has been abusive physically and emitionally.Last time she attacked me i called the police and she kicked me out.She has filed for divorce.Can i still apply for vawa

  • @LifeOfKemoy

    @LifeOfKemoy

    5 жыл бұрын

    Evral Mack yes u can

  • @sassiiofficial9670
    @sassiiofficial96704 жыл бұрын

    question, does it matter how long you guys are married?

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    No

  • @sassiiofficial9670

    @sassiiofficial9670

    4 жыл бұрын

    @@SanDiegoImmigrationlawyer even if is emotionally and mental abuse ? I have talk to a lot of attorneys and they all telling me different story. at this point idk what to do . I'm just tired of it all . and I dont want to be in a marriage where im gettin emotionally abuse by my wife and her family. my wife is muslim and also her family .

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Marriage length is not an issue as long as you can show it’s a real marriage

  • @spinnerfok
    @spinnerfok4 жыл бұрын

    U Visa I think

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    VAWA

  • @hinsonjulie29
    @hinsonjulie294 жыл бұрын

    once file both together vawa and I-485, the green card application still have a interview? thanks a lot God Bless

  • @SanDiegoImmigrationlawyer

    @SanDiegoImmigrationlawyer

    4 жыл бұрын

    Yes, but they won’t ask questions on the abuse