Oakland, CA asked in Child Custody, Divorce, Family Law and Immigration Law for California

Q: hello i am living a troubled and abusive marriage, i have two daughters and i want to divorce.

I am Brazilian, married to a Brazilian who is an American citizen, i'm in the process of being Greencard, but our marriage is terrible and this is affecting children. i want to divorce because he treats me badly and i want to know more about my rights what can i do regarding custody of our daughter.

1 Lawyer Answer
Liliana Gallelli
Liliana Gallelli
Answered
  • Immigration Law Lawyer
  • Napa, CA
  • Licensed in California

A: You may qualify to obtain a green card despite the divorce under the law known as "VAWA"; a self-petition for spouses who are abused by a US citizen or resident spouse. With regard to the custody, that needs to be resolved in divorce proceedings in Family Court which is a legal process independent of the immigration process (except for how the divorce affects any immigration proceedings that are dependent on your marriage).

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