Q: After marring my husband he decided not to proceed with the process of applying for my permanent residence...?
Hello I have been living in the US for almost 10years now. I came in with a k1- fiance visa. I married my husband within the 90 day period. After marring my husband he decided not to proceed with the process of applying for my permanent residence (adjustment of status). We had our 2 children together here in the US. After having them my children and I have been held hostage and have been controlled by him. He has threatened to harm my children and I if we ever tried to escape or ask for help. However, there is no actual evidence or record of the abuse and threats that have been taking place all through out these years. What can be done to inform authorities to be able to get a separation/divorce, but at the same time keep any type of visa or permit to stay in the US that will prevent me from getting deported and separated from my children? Please help! Thank you in advance.
A:
You are the victim of spousal abuse. The Violence Against Women Act (VAWA) will allow you to apply for a green card without your abusive spouse petitioning for you. This process exists so that non-citizens will not have to be dependent on an abusive spouse, in order to stay in the U.S.
To find out more about filing a petition under VAWA, click here:
https://www.uscis.gov/humanitarian/battered-spouse-children-parents
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
