What is my verdict if I do this
Question:
I came into this country with a visiting visa on may 9 and i married my hubby on Aug 24. Apparently its been a manipulative marriage and its hurts the sexual abuse i go through. He threatens me back and forth. I just got my papers in for my son and I this October 13th. The tears and pain in marriage kills me that i confided in domestic violence and they want to have me and son in shelter. My main fear is our due date to go back is Nov 9 but my son already loves his life here.can we be told to go back to country and not get our Green card. I am confused as I don’t know what to expect.
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Answer:
As an experienced Saratoga Family Law Attorney I recommend that you consult with an Immigration lawyer to discuss your options to remain in the country given your specific circumstances. Your immigration attorney may be able to file an application for you under the Violence Against Women Act (VAWA). It may be possible for you to obtain a Divorce and still remain in the United States with your son, but you may need to plead “Cruel and Inhuman treatment” together with any other ground for divorce (such as the “no fault” ground that has become very common now), and outline the domestic violence you sustained in your complaint. Your immigration attorney and your divorce attorney should work together to ensure that everything is done in a way that does not jeopardize your residency status.
Are you suffering with domestic violence in your marriage? Contact dedicated Saratoga Family Law Attorney Jean Mahserjian for guidance.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Family Law Attorney. This does not consent an attorney client relationship.
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