When can I file a VAWA petition? 8 Answers as of July 12, 2013

Can I self petition under VAWA almost 2 years after separation? I have been abused physically and psychologically. I've had a psychological evaluation done (good report) and have been attending counseling for almost a year due to the severity of the depression. I have no knowledge of her whereabouts at the present time as she has abandoned everything.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You may be eligible for VAWA indeed. An I-360 can be filed no later than 2 years after the separation. I usually need more information to see whether you qualify for it, but it sounds to me like you know what you are doing. I would want competent counsel to do this for you. Any misstep will be met with removal from the US. So, please consult an attorney and good luck!
Answer Applies to: California
Replied: 6/2/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You should move forward to file the VAWA self petition asap.
Answer Applies to: Texas
Replied: 5/31/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Assuming that you are a male and not a female, no, I would think not at least not under this particular Act. And, if perchance, you are a female who purportedly was married to this abusing female, since federal law doesn't recognize same sex marriages, it is unlikely that the federal Violence Against Women's Act would be recognized as allowable in your particular circumstances (in my opinion).
Answer Applies to: Virginia
Replied: 5/31/2011
Shah Peerally Law Group PC
Shah Peerally Law Group PC | Shah Peerally
You can file VAWA, if you qualify for it within 2 years after the divorce is finalized not after a simple separation. I will recommend you to call an attorney who is experienced in VAWA to handle your case. Our law firm has handled many VAWA petitions based psychological abuses.
Answer Applies to: California
Replied: 5/31/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Are you still married?
Answer Applies to: Florida
Replied: 7/12/2013
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You can file any time. It would be better for you to hire a lawyer to decide a legal strategy for you because VAWA is more complicated than filling a form and saying you are abused.
    Answer Applies to: Florida
    Replied: 5/31/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Yes you can self petition under vawa within two years of divorcing your spouse. As you are only separated you are eligible to file. If you wish to retain my services please advise. Good luck.
    Answer Applies to: Florida
    Replied: 5/31/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    You should file ASAP. 2 years after a divorce you cannot file. Speak to and retain an attorney. For a free consultation you can contact my office at 212 537 4407 or by filling out the form on my website.
    Answer Applies to: New York
    Replied: 5/31/2011
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