I have an approved VAWA petition. My ex-husband had submitt an adjustment of status and I was awaiting an appointment for the residency. He paid all fees and then he withdrew the application. Do i need to pay all the fees again? Including the $1000.00 fine?

Dear Cleta:

It is our opinion that you will have to pay the filing fees again since the previous amount paid related to a different application, based on different criteria, different forms, and a different petitioner. It is possible that there may be an INS memo on the subject that may yield a different answer, but we have been unable to locate it. If we do, we will let you know.

You may wish to contact your local INS office to get their opinion on this issue. Good luck.

my husband is in jail and for the past years I have been in a case of domestic violence. I have many proofs from the court for what he has been charged for and I am going to submit a petition for my permanent residence Form I-360. Pretty soon he is going to appear in court and there is alot of possiblity that he will be deported back to his country. My question is if he is deported and loses his residence, can my application that i file when my turn comes for permanent residence be approved even though he has been deported?

Dear Eva:

It is our opinion that as long as you meet all of the requirements of the Act at the time that you file the petition, meaning that he is still a permanent resident at that time, then you are eligible for the relief, even if he is subsequently deported.

For all of the items that you will need to prove your case, please refer to immigration form I-360. Good luck.

I divorced my husband within the last year, due to domestic violence. He is a permanent resident. Do I understand correctly that with recent changes in the law, I am still eligible to sumbit a I-360 because it has not been two years and the divorce was related to domestic violence. Also do I have to be residing in the U.S. in order to file the I-360. I am afraid of my ex-husband.

Dear Susana:

Under recent changes in the law you are eligible to submit an I-360 even if you are divorced (as long as it is not more than 2 years), and even if you are not currently residing in the US.

For an excellent review of some of the major provisions of the new law, see the link on our Immigration News page under News Flash entitled: Violence Against Women Act--Updated Provisions (11/01/00). Good luck.