Frisco, TX asked in Divorce, Immigration Law, Child Custody and Family Law for Texas

Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child support he filed for divorce next day because he knows it will affect my immigration case.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the abusive spouse. It's crucial to gather all evidence of abuse, including any records or testimonies.

Regarding the divorce, it won't necessarily affect a VAWA-based application. However, for both child support and your immigration concerns, it would be beneficial to consult with an attorney familiar with family law and immigration matters to guide you through the process and ensure your rights are protected.

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