How can I leave and come back to the US if I have a current VAWA immigration case? - Immigration Law Questions and Answers-

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How can I leave and come back to the US if I have a current VAWA immigration case?

My mother, my brother and I have a VAWA case and been in the U.S. for about 9 years. We all have Ids, SSN and work permits and still no word of our green card or an appointment. My girlfriend is having a tumor surgery done in 2 weeks, my question is, can I qualify for some kind of permit like an "Advance Parrol" or some other permit to leave and get back to the U.S. with no problems on getting back? Thank you.

Law Offices of Caro Kinsella
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Not quite sure how long your VAWA has been pending for and whether you concurrently filed for adjustment of status. If you have concurrently filed the adjustment of status along with the VAWA, then you can request an emergency advance parole. Contact me for a free consultation to discuss further.

Answer Applies to: Florida
Replied: 2/25/2011

Answer By Marie Michaud
Marie Michaud Attorney At Law
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OK.So you got the I-360 approved. Congratulation. This is the first step. The timing for the second step depends on the immigration status of the abuser. Was the abuser an American citizen? If so, an application to adjust status might be filed right away after the I-360 approval. If the abuser was a green card holder, the visa should be available now, unless you are over age 21 and from certain countries such as the Philippines or Mexico. I would need to know more. Note that I only answered about the timing to file the adjustment. I do not know whether you actually qualify for an adjustment (Do not know whether you have deportation or criminal history or other issues.). Good luck.

Answer Applies to: California
Replied: 2/25/2011

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