Legal Question in Immigration Law in New Mexico

My mother-in-law was a battered spouse, she has been separated from her husband for 10 years during the time that my mother in law was married her spouse was a permanent resident but he had his paper tooken away due to alot of felonies is she still elgible to file the form I-360? or would he still have to be an active permanent resident. If not what can she do to petition for herself?


Asked on 3/23/10, 3:12 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

I am not sure I can understand all facts in this situation as you explained in your brief post.

Most likely, as I understand the situation, it's not possible. If her husband is no longer a permanent resident, she can no longer qualify under VAWA as a self-petitioner. I have worked with many clients applying for VAWA, and an abusive spouse must be presently either a USA citizen or a permanent resident (not a former citizen or former resident).

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Answered on 3/28/10, 5:58 pm


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