Dallas, TX asked in Immigration Law for Texas

Q: About a dismissal case for the US citizen and how does that effect me immigration. I am on a conditional 2 year visa

Hi i have a question please

My wife who is a us citizen was abusing me physically. I then i called the cops and they arrested her . After words I moved out and there was a domestic charge on my spouse . How ever later on i knew that her case was dismissed . Also i know my spouse will not help me with my papers and even report me to uscis claiming all i wanted is the green card . I have a conditional green card that i got from oct 2020 . Will i be deported and what are my options.

Thanks in advance

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3 Lawyer Answers
Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You may file to waive the joint filing requirement in order to remove the conditions on your LPR status. You will be successful if you meet all requirements. I suggest you consult with an experienced immigration attorney.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Texas

A: You may be a good candidate for the violence against women act. This act also applies to men. An abused spouse does not have to involve the participation of the abuser spouse In order to continue processing his application for lawful permanent residency. Of course this all depends on the circumstances of each case, so I suggested you consult with counsel before you take any legal action.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: This is a duplicate of the same fact pattern submitted. Yes, any case adjustment will be affected by the family member denial and the qualifying circumstances. For instance, if the USCIS alleges there was a rebuttable presumption of immigration fraud, the Beneficiary's filing also comes under scrutiny 100%.

It is delicate situation.

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