Legal Question in Immigration Law in Florida

vawa, can I apply?

I wrote few times to this web page; I was @ DVS shelter 2 times at less one year (emotional and verbal abuse). I have the permanent injuction against my husband and I filed for the divorce (still pending, we will be 2 years married this month). The problem is I am a conditional resident til march 2006. I never left the country after I came here with fiancee visa (I married with the petitioner). I have a friend, she is living almost the same thing (she was rape) @ pensilvannia. Her lawyer told her that she is not available to apply VAWA because she was in her country (legally) and VAWA has a new law, just the people who never left this country (don't matter if was a vacation and legally) 3 years after the first application can apply. Is that true?, then do I need to stay here waiting without notice if I can apply? I have with me a lot the different fiancee visa petitions my husband filled in with different girls. He has prior DV records and his first wife got the residence with VAWA. Can I apply?...the last thing I will never do is return with him...then do I need to return to my country and left him do this again against another girl?.

I will appreciate advice, because now and lost with this new attachment for vawa laws.

Asked on 11/12/04, 9:23 am

1 Answer from Attorneys

Myron Morales Lee Lane Smith LLP
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Re: vawa, can I apply?

From what you wrote, it sounds as though you may be eligible.

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Answered on 11/12/04, 9:42 am

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