VAWA + Motion to Reopen

Immigration Law VAWA + Motion to Reopen
AttorneyMoonjung Kim

About This Case

EK fell in love and married her U.S. citizen spouse. After a couple of months of marriage, EK’s spouse became verbally and emotionally abusive. EK became terrified of her spouse who would constantly hold EK’s immigration status against her and threaten to call Immigration & Customs Enforcement on her so that she would be deported. EK eventually left her abusive spouse.

When EK sought advice on her available options to obtain status in the United States, Attorney Moonjung Jenny Kim learned that EK had been ordered removed in absentia by an Immigration Judge after the denial of her prior adjustment application. EK was not aware that she had been ordered removed in her absence because she never received any notification to appear in Court.

Attorney Moonjung Jenny Kim prepared and filed a VAWA petition for EK which included a detailed Affidavit outlining how EK met her spouse, their love story, and the abuse she suffered at the hands of her spouse. USCIS approved EK’s VAWA petition even though she had limited documentation to evidence that she and her spouse lived together. Attorney Moonjung Jenny Kim filed a motion to reopen EK’s in absentia with the Immigration Court on the grounds that EK had never received notification to appear in Court. Once her removal proceedings were reopened by the Court, EK was granted a green card by the Immigration Judge.

Results may vary depending on your facts and legal circumstances.

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