What will happen to my immigration case if my sponsor has been arrested? 3 Answers as of February 09, 2011My spouse put a petition for my residency and we recently got in a fight. My spouse got arrested. Can she stop the process if so what do I need to do and what do I need in court? Do I have to wait until my spouse is found guilty?
Law Office of Immigration & International Trade Law | Linda Liang
Yes, he can withdraw the petition if he wants. You can sponsor yourself if you prove you are abused spouse and other issues exists too. So find a lawyer near you to prepare for the case. Good luck!
Answer Applies to: Florida
Nicastro Piscopo, APLC | Louis M. Piscopo
If you were victim in the case you may be eligible to self-petition under the Violence Against Women's Act (VAWA) by filing an I-360. If approved the I-360 takes the place of the petition filed by your spouse. You do not have to wait until they are convicted to file, you can file based on the police and/or arrest report. Also, if you cooperate in the criminal case you could also be eligible for a U visa, however, as the spouse the I-360 is a better option.
Answer Applies to: California