Can my friend apply and be approved for a VAWA even though he was denied a I-130? 2 Answers as of May 26, 2011

My friend has been in a marriage and petitioned for an I-130 for years. However, he finally got notice that he was denied an I-130 and wants to file a VAWA for battered spouse. He was battered physically as well as threatened by his wife and does have police reports and witnesses to prove it. However, because he did not submit it before he was denied is there a good possibility that he can be approved for the battered spouse petition even though he was originally denied the I-130?

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
Yes. He can file the I-360 (VAWA) as a self-petitioner.
Answer Applies to: Texas
Replied: 5/26/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
VAWA is another independent petition. Yes, you can file and you may still be approved. You should hire a lawyer to represent your case to avoid expensive mistakes.
Answer Applies to: Florida
Replied: 5/25/2011
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