Lone Pine, CA Immigration Law Firms & Lawyers

If he gets married while in deportation proceedings (after being issued a notice to appear before an immigration judge) his marriage will be subject to additional scrutiny because it will appear he married just to receive an immigration benefit.  Even then, marriage to a US citizen is no panacea.  It offers some avenues of relief unavailable to those not married to US citizens, but there are other requirements to qualify for relief in most cases and those requirements are difficult to meet.  Thus, it is speculative to say that marriage to a US citizen at this point would help, though it may.

You merely have to fill out the N-400 and send it in to U.S.C.I.S. You are not asked to send in proof of continuous residence at the time that you are submitting the N-400. Those type of documents to which you are referring may be materials that you bring to the interview if the officer has questions concerning continuous and/or physical residence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Yes, you can apply for VAWA. As long as you are either legally married or divorced for no more than 2 years, you can file. You have to prove (1) you were living together (something like joint bank account, a letter from a relative mailed to you and him, etc...), (2) got married in good faith (you have a child so the USCIS will not dough you - just include the birth certificate of the child), (3) Had a valid marriage (provide any divorce if applicable + copy of your marriage certificate), (4) he was an American citizen (Provide a copy of his documents such as his US passport, birth certificate showing birth in the US, naturalization certificate if applicable. If you do not have a copy of any of those documents, tell all details about him such as his date of birth, place of birth, name of his parents, his Social security number, etc...), (5) good moral character for 3 years (declaration, rap sheet, clearance letter), (6) abuse. Best to hire someone who is experienced ...The abuse part is quite difficult to prove for someone who may not have experience with VAWA petition.