Q: Immigration query - domestic violence case.
Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After the divorce, I returned to India for a two-year period. During this time, my ex-husband attempted to contact me but was unable to locate me. Now, I have returned to the United States to pursue my second master's degree, driven by concerns for my safety. In this context, I'm considering whether seeking shelter or protection in the U.S. is a viable option.
A: Sorry to hear about your situation. Asylum in the US can only be pursued if you are able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your Race, Religion, Nationality, Social group or Political opinion.
A:
Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.
First, consider reaching out to the international student office at your university. They often provide support and guidance to students facing personal and legal challenges. They may also be able to connect you with local resources for individuals experiencing domestic violence.
You may also explore options for legal protection, such as restraining orders, which can offer a level of safety and legal recourse if your ex-husband attempts to contact you. This process can typically be initiated through local law enforcement or the courts.
Additionally, there are various organizations and shelters in the U.S. dedicated to assisting those affected by domestic violence. They can offer safe housing, counseling, legal advice, and other forms of support.
Given the complexity of your situation, especially with your immigration status, it would be wise to consult with an attorney who has experience in both immigration law and domestic violence cases. They can offer specific advice and help you navigate the legal system to ensure your safety and well-being.
Remember, your safety and well-being are paramount. Don't hesitate to seek out the help and resources that are available to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
