Waltham, MA asked in Immigration Law for Massachusetts

Q: My question is there any way for me stay back in USA if i have a US Citizen child under 10 year.

Hi

We got married in our home country and came to USA with my spouse. We had a baby with some health issues and she is getting services from the government. After baby was born my husband and his family are trying to avoid me. I am worrying that my husband will not extend my visa status and I will be forced to leave the country

I want her to get all the services what she is getting now. i know about H1 and F1 visas, but I want to know whether i have any other options since I have an US citizen child. If he is sending back to my country I won’t be able to file a divorce and ask for legal compensation. I have some good friends and family to support me here, but I want some legal advice.

I am from India. My husband filed green card for me as his spouse, but I140 haven't approved yet. He is on H1and i am on H4 visa.

Regards

KLARE

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1 Lawyer Answer
Dawn Chere Sequeira
Dawn Chere Sequeira
Answered
  • Immigration Law Lawyer
  • Bethesda, MD

A: Since you are on H-4, you should be able to get your own EAD. Second, if there are any abuse issues, you may qualify for a U Visa. Third, for your child, there is humanitarian parole (although it is generally for people who are outside the U.S.).

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