Vawa

[rose4]

Hello,

I am a US citizen and I want to petition my mother. After doing some research I am very nervous that she will be denied, given that she entered illegally into the U.S. and I can't file a waiver for her. She was informed that she can petition a green card under the VAWA form I-360. I am not 100% sure that she qualifies though.
Here's some background;
Mother came to the US on 5/1982, gave birth to 3 children and went back to Mexico in 1986, she came back to the US in Nov. 1988 and has been in the US since then.
She has been married to my father for 45 years, but he was abusive for many years, until the police was called. Recently my father left to Mexico and my mother stayed with my sister in the US. My mother did file a police report one time that my father was being abusive, in 2002. He went to jail for some time and was given a restriction order. My father was also an illegal immigrant.

question- Would my mother qualify to file an I-360 using me as a US child of an abusive parent?

Any help would be greatly appreciated!

[newacct]

I don't think so. It's not a US citizen or permanent resident who did the abuse.

Was your mother the beneficiary of an immigrant petition filed before 2001? Are you a member of the US military?

[ColbyLawson]

I understand your concerns about petitioning for your mother’s green card, especially given her history. Based on the information available, I think she may qualify to file an I-360 form under the VAWA as a self-petitioning parent of an abusive U.S. citizen son or daughter who is 21 years old or older. The fact that she has filed a police report against your father for abuse and that there was a restriction order could support her case.

I suggest gathering all relevant documentation, including the police report and any other evidence of the abuse, and consulting with an immigration attorney who specializes in VAWA cases. They can provide specific advice tailored to your mother’s situation and help ensure that her application is as strong as possible. Remember, each case is unique, so professional guidance is crucial in navigating the complexities of immigration law. Good luck!