Asked in Divorce, Family Law and Immigration Law for California

Q: What would be the legal process for an undocumented immigrant who decided to leave the U.S right after she turned 18?

I was taken to the U.S illegally by my parents when I was only 8. I never had a criminal record, did well in school, and never got any government help for anything. When I turned 18 I returned to my place of birth voluntarily, have never been caught by immigration. I got married in Mexico and I'm in the process of a divorce having suffered physical and psychological abuse, and many treats by my still spouse. I have no children for I just lost my only child due to the stress an infidelity caused. As of now I'd like to return to the place where \i know he can't reach me and where he or any one else he knows won't be able to hurt me, and where I grew up and feel at home. Is there any solution to my case? Like I said, I have no criminal records, nothing except my school records that prove I was there for the time I claim.

2 Lawyer Answers

A: Although you have no "unlawful presence" in the US, you will need to be sponsored for a green card through relatives, employment or possibly investment. Under the new asylum policy announced by AG Sessions on June 11, 2018, asylum for victims of domestic violence may no longer be an option.

A: You need to be sponsored for a green card through close family members who are US citizens or green card holders, through employment, through investment or through asylum.

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