How can the daughter of a US citizen adjust their status? 2 Answers as of June 21, 2011

I am a daughter of a us citizen who filled a relative petition for my mother, brother, and I about 2 yrs ago. I was in a relationship with my (10 mo) sons dad for about 2 yrs and split because of abuse. I don’t want to hurt him or press charges on him at all I am the only one providing for my son and I am worried if I get out to Mexico I will not be able to support him just like I have been here in the US. My son is a US citizen and it scares me to think that I by getting out with him I might put his life at risk with all the violence going on in Mexico. I have lived here most of my life, I have no family in Mexico to stay with and I want to adjust my status so I can get a better job and provide a better future for my son.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You will be able to petition under the U Visa program, for both you and your son, self-petition for the both of you, upon the demonstration that you are divorced, and you can document and demonstrate the abuse. If not, you may also be able to qualify also if your father's petition was before you turned 21. I will have to know more. If you wish to discuss it further, feel free to call or e-mail me to schedule a telephone or in-person consultation. It will be $75 for an hour, which will be credited to you if you contract for my services.
Answer Applies to: California
Replied: 6/21/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If you were married to your son's Dad and he is a USC or LPR, then I suggest you look into the Violence Against Women Act (VAWA). That law provides for abused spouses of USC and LPR's to self-petition if they are suffering or have suffered domestic abuse within 2 years of being divorced. While it is easier to make a case with police reports and court documents, etc. it is not always necessary to have those kinds of documents. In fact, most people don't. If by relationship you meant that you were not married to him, then I don't know what to tell you other than having one of your relatives file for you. Good luck!
Answer Applies to: California
Replied: 6/21/2011
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