Immigration

I consulted with an immigration attorney at ASISTA, a national organization, to get some general information about this.  In general, a ground of cruel and inhuman treatment on a divorce petition is not absolutely necessary to qualify for a battered spouse waiver.  However, I cannot speak to your specific situation - it’s best to talk to an immigration attorney who can advise you. A person can prove the battery or extreme cruelty necessary for the waiver in many ways and so it may not matter what the ground is in the divorce. However, if the abuser files for a divorce based on cruel and inhuman treatment, and the battered spouse consents to the divorce or if the judge grants the divorce after a hearing on these grounds, this can negatively affect the battered spouse’s VAWA case.  If you need representation in a divorce, here are links for lawyers in NY:http://www.womenslaw.org/gethelp_state_type.php?type_name=Finding%20a%20…  And for advice about your specific immigration case, you can also look on that link for legal help.  Also, here are some national organizations that you may want to contact to find one that specializes in VAWA:
http://www.womenslaw.org/gethelp_national_type.php?type_id=1047