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DAP Forums > Other Topics > New Members

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#1
08-29-2017, 08:46 PM
Junior Member
Joined in Aug 2017
25 posts
BrituhKnee
0 AP
Hi I’m 27 years old. My name is Brittany from Mexico. I’m an EWI when I was a few months old. LONG story short, I got married to a USC guy who completely mistreated me both physically and mentally. I’m out of that hell mess and currrntly have DACA again...
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#2
08-29-2017, 10:55 PM
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274 posts
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JamaicanVacation
0 AP
You are eligible for a U visa
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#3
08-30-2017, 12:46 AM
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25 posts
BrituhKnee
0 AP
I was granted conditional PR. My lawyer said I didn’t qualify for U visa. There were never any police reports or anything to back up my claim for abuse, it was all mostly verbal. My lawyer told me that DACA was my only option and hopefully re-marry again later, but I will only do that when I really do find “the one” I’m not going to rush into another marriage :/
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#4
08-30-2017, 12:29 PM
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Joined in Mar 2017
270 posts
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Dreamerr
0 AP
Well the good thing is you have other options for the future . Sorry you had to go thru that . I'm a somewhat of a situation my self and I'm a guy .
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#5
08-30-2017, 11:44 PM
Senior Member
From AZ
Joined in Jul 2009
455 posts
SuperGSPorty
60 AP
For purposes of obtaining a U-Visa, reporting and cooperating with the police is essential to begin the process.

There are plenty of individuals who suffered from domestic violence on behalf of their spouse and it was not documented.

Since you were married to a U.S. Citizen you may actually qualify for another form of relief, known as Violence Against Women Act. Through this benefit, if you qualify, you will actually adjust status to a legal permanent resident (a.k.a. Green Card) in the United States without the help of your spouse.

You must demonstrate that you married a U.S. Citizen in good faith (e.g. live together, intended to start a family, be in a legitimate relationship, etc...) and that you suffered from domestic abuse. You must still be married to this individual or if you are divorced no more than 2 years have passed since the divorce date.

Your application must include sufficient evidence to support your claims. You could use marriage certificate, your U.S.C. spouse's birth certificate, family photos, support letters from friends/family, a personal declaration discussing your marriage to the individual, any medical records, proof that you both lived together (bank statements, receipts, utilities, etc...). You can also obtain a psychological evaluation discussing the effects the abusive relationship had on you. It's important to convince USCIS of your claims, so the more evidence you can submit the better.

As far as fees, you could request a fee waiver and essentially obtain your green card for free if you qualify.

If your attorney didn't discuss this with you, maybe you should seek a second opinion. Good luck!

https://www.uscis.gov/humanitarian/b...parents#spouse
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#6
08-31-2017, 04:17 AM
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196 posts
anon.nona
0 AP
Quote:
Originally Posted by SuperGSPorty View Post
For purposes of obtaining a U-Visa, reporting and cooperating with the police is essential to begin the process.

There are plenty of individuals who suffered from domestic violence on behalf of their spouse and it was not documented.

Since you were married to a U.S. Citizen you may actually qualify for another form of relief, known as Violence Against Women Act. Through this benefit, if you qualify, you will actually adjust status to a legal permanent resident (a.k.a. Green Card) in the United States without the help of your spouse.

You must demonstrate that you married a U.S. Citizen in good faith (e.g. live together, intended to start a family, be in a legitimate relationship, etc...) and that you suffered from domestic abuse. You must still be married to this individual or if you are divorced no more than 2 years have passed since the divorce date.

Your application must include sufficient evidence to support your claims. You could use marriage certificate, your U.S.C. spouse's birth certificate, family photos, support letters from friends/family, a personal declaration discussing your marriage to the individual, any medical records, proof that you both lived together (bank statements, receipts, utilities, etc...). You can also obtain a psychological evaluation discussing the effects the abusive relationship had on you. It's important to convince USCIS of your claims, so the more evidence you can submit the better.

As far as fees, you could request a fee waiver and essentially obtain your green card for free if you qualify.

If your attorney didn't discuss this with you, maybe you should seek a second opinion. Good luck!

https://www.uscis.gov/humanitarian/b...parents#spouse
Completely agree with this ^ Seek better legal representation.
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#7
09-02-2017, 05:57 PM
Junior Member
Joined in Aug 2017
25 posts
BrituhKnee
0 AP
Thank you so much for your feedback, I started tearing up because if I knew this then I would’ve had a better outcome than now. But at the time I was really young and foolish, I thought my lawyer was one of the best in the area and he helped thousands in my community. I was married back in 2012 and been divcored since fall of 2013. That’s more than 4 years ago. I’ll still seek other legal advice and go with a different lawyer. Thanks again! God bless you.
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#8
09-05-2017, 05:41 PM
Senior Member
Joined in Nov 2010
269 posts
unrealunknown92
0 AP
Agreed with the rest. Get legal council, there's a chance for a U-visa.
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