Pico Rivera, CA asked in Divorce and Immigration Law for California

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.

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1 Lawyer Answer
Kyle Persaud
Kyle Persaud
  • Immigration Law Lawyer
  • Bartlesville, OK

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:


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