Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri

Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

Hello,

I am on H4 visa and recently got EAD approval notice. My husband is on H1B, he has applied for Green Card and got his I 140 approved.

I am planning for Divorce as i am emotionally abused by my husband. Is there any way where i can stay in the United States legally?

I need some guidance it will be really helpful.... Thank you

1 Lawyer Answer

Shan Dimitris Potts

Answered
  • Immigration Law Lawyer
  • Glendale, CA

A: If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to apply for a special visa called an U-visa, which will allow you to stay in the country legally. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship."

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