San Diego, CA asked in Divorce and Immigration Law for California

Q: I need help divorcing my husband and applying for assylum

Im Muslim that is planning on removing my scarf, being more liberal and divorcing my strict controlling husband. We have a kid together that is American and I wanna apply for assylum to be able to live in the USA and Support myself and my son. Do I have a case? And what steps should I follow? And what steps should I follow to divorce my husband here?

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2 Lawyer Answers
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You'll have to consult with an attorney to determine how strong your case is and to assist with filing for asylum. If you wanted to do it on your own, you'll fill out and submit I-589 with USCIS. See https://www.uscis.gov/i-589. The instructions for the form lists all the documents you'll need to submit. You'll wait for an interview with an asylum officer and go to the interview. If you're successful in the interview, you'll be granted asylum. If not, you'll be referred to court to present your case. If this happens, I strongly recommend an attorney to represent you.

For divorce, hopefully a divorce attorney will chime in to give you steps to file for divorce. You won't need your husband's consent, and you can file by yourself.

I wish you luck in your asylum and divorce.

Jesus Martinez
Jesus Martinez
Answered
  • Immigration Law Lawyer
  • FRESNO, CA
  • Licensed in California

A: I agree with my colleague. For your asylum case, you should definitely speak with an immigration attorney and not try to do this alone.

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