What will happen at my I-360 interview if I have separated from my husband? 8 Answers as of January 20, 2011

My husband had filled the I-485 on my behalf we are now separated due to domestic violence issues in our marriage. I am waiting for I-360 application to come in from the mail so I can petition for myself, I already got the EAC. However I received a letter for our interview (My husband and I's ) for February 7th. I'm afraid to go to the interview because my husband is not going to come with me since our separation I have been living in a domestic violence shelter I am also 6months pregnant with his chidl. What our my best options? Do you have any advice?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
What category of I-360 do you have on file - religious worker? Abused spouse? If you have not filed the I-360 as an abused spouse this would be an option. If you have already filed in that category the interview would not include your husband - it is a self-petition. Feel free to contact me at the number below and schedule a consultation where we can discuss procedures, fees and answer your questions.
Answer Applies to: California
Replied: 1/20/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
When you go to the interview explain all this to the officer, and make sure to take all the evidence with you.
Answer Applies to: Florida
Replied: 1/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You MUST to go to the I-485 interview and tell them that you are a victim of domestic abuse from your husband. If you have not filed the I-360 ask for the USCIS to continue your I-485 interview so you can file it. If you have filed the I-360, then bring proof you filed it (ex. the Notice of Receipt) and the USCIS will continue the I-485 case. Also, speak to the people at the shelter you are staying at and ask if they can refer you to an attorney who can help you. There are many organizations in different parts of the country that provide free or low cost assistance to immigrants who are victims of abuse.

Again you must go to the interview. If you do not go the application will be denied.
Answer Applies to: California
Replied: 1/14/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
My advise hire an attorney to go with you, file the I-360 asap take the proof of filing with you as well as proof of the abuse to your February interview.
Answer Applies to: Florida
Replied: 1/14/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You need to consult with an attorney so that your I-360 petition can be filed without delay. You also need representation at the interview on February 7 so that you can explain your circumstances and eligibility to adjust under the provisions if the Violence Against Women Act. Please contact an immigration lawyer in your area immediately. Good luck!
Answer Applies to: Florida
Replied: 1/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    You should have no fear of this interview and should plan to attend, explaining that you are a victim of your husband's domestic violence which is why you are now separated from him and living in a shelter, and that if necessary you are prepared to repetition for yourself to have your conditional status removed.
    Answer Applies to: Virginia
    Replied: 1/13/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    Hire an attorney with experience with domestic violence issue. Your attorney should notify the USCIS that you will not be attending the interview due to domestic violence, that he / she (the attorney) will be filing a VAWA on your behalf, and the attorney should also request that the application to adjust status be held until a decision is made regarding your VAWA self petition. I handle a lot of WAVA cases.
    Answer Applies to: California
    Replied: 1/13/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Sorry for what you went through. Be truthful. You will be denied but you can start over with I360.
    Answer Applies to: Florida
    Replied: 1/13/2011
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