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I came to the US on a student visa, I graduated and over stayed

my visa falling out of...
I came to the US on a student visa, I graduated and over stayed my visa falling out of status. I met a girl we got married and she helped me file for status adjustment. As we were still in the process of filing I received my temp work permit. My wife started becoming abusive and manipulative and caused me great emotional turmoil. My lawyer advised me to withdraw the filing of fiancé petition, and get out of this abusive situation. I did just that, and I feel my lawyer bailed out on me leaving me hopeless. I don't know where this leaves me now...... Am afraid when my marriage partition is accepted I will officially be out of status....any advice
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Answered in 39 minutes by:
6/19/2013
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,272
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello,my name is Judith. Thank you for this opportunity to answer your questions.
I am very sorry your marriage turned into such a terrible situation.
What were your expectations of your lawyer after your marriage failed and you withdrew the application?
When did you graduate?
Do you have a "D/S" annotated on your I-94?
Is there a reason you cannot return to your country? Do you face persecution for your political or religious beliefs?

Judith
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Customer reply replied 4 years ago


I came to the US in 1995, graduated 2002, my whole family (mother, father, and all my siblings are in the US) I have nowhere to go back home now. Been in the US for 19yrs, lived here half my life. What is D/S. My lawyer convinced me it was a good idea to withdraw and he made me believe there are alternative ways to fix my situation. I am I able to request the USCIS to disregard my withdrawal. If now, is there another way I can pursue to fix my status. Right now I was subpoena to appear in court against my wife that had stolen and refused to return my rental vehicle and was caught. She was also caught with a handgun in this stolen vehicle and I don't feel safe now she is out on bail and I know she is trying to revenge because I reported that rental car she refused to return for 2 months and the police finally caught up with her.

Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,631
Experience: Write FOR JAMES to get my help!
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Thank you for using Just Answer/Pearl. I'll do my best to answer your questions as completely and honestly as I can. Please note that I earn my living by helping customers like you, so once you've received your answer, I ask that you give me a positive rating for my customer service, so that I get credit for my work. Also please understand that the rating you give is not based on the outcome of your question, for which the law sometimes does not have a satisfactory solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Are you still married?

Did your attorney mention VAWA, which provides you the option of self-petiioning for a green card based on emotional or physical abuse?
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Customer reply replied 4 years ago
my lawyer has been dodging me and now I asked him to file that self pettison but he is uncorporative and he threatened to stop being my lawyer.
Unfortunately, I can't really help you with your problems with the attorney. The only thing I can suggest in this regard is that you might find another attorney who can help you with that petition.

But can answer questions about that process, if you have any.
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Customer reply replied 4 years ago
Thank you for your understanding, how does this VAWA process work?
Hi there,

Sorry for the delay. I have been offline working with my private practice clients. My apologies for any delays or inconvenience this might have caused.

There are only two steps in the process:

First, you have to fill and file form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This is reviewed by the USCIS. You can find the Petition here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD.

With this, you should provide the following:

- a declaration describing your relationship, the abuse suffered, your good moral character
- other evidence of the abuse, such as police records or court-issued protective orders, etc.
- police clearance records showing your criminal record and any other evidence that you are a person of good moral character
- copy of your passport and birth certificate
- proof that the abuser is a US citizen or permanent resident
- proof that you are the abuser's spouse
- proof that you lived with the abuser
- proof that you currently live in the US
- 2 passport photos

Once this is processed and you are approved, you are then eligible to apply for permanent resident status on your own, by filing form I-485, Application for Adjustment of Status. You will submit the I-485 with proof of the approved I-360. If the I-485 is approved, you will receive a green card, without any assistance from your abusive spouse.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,631
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