Q: Help for immigrant abused/abandoned by husband "Good Faith" process incomp. US born son prior to marriage.
Indiv has been in US for 8 yrs. Has a child born in US prior to marriage. Reports meeting husband , who is a US citizen, casually in home country. She came to US on a visa. He sought her out through mutual friends in US, courted her and married in 2017. Reports she was in love. After a few months things changed quickly and abuse and infidelity began from husband. He has deceived her about work and assets. When she did not "behave", he put her out of the home. She came to Arkansas to a friend. Several attempts to reconcile. One trip back, she bailed him out of jail after abusing one of his mistresses. She does have a Social Security #. Her LA ID and work permit has expired. The 1st interview and 2nd set of finger prints were completed. COVID paused process. Husband had mistress in home when last interview was scheduled, after having sent wife away. Husband did not pay immigration fees. She is not able to locate him. They are still married. She has marriage certificate.
A: She can pursue a VAWA application to obtain her green card. This is the Violence Against Women Act. She should retain counsel to file her VAWA case.
Ms Grace I Gardiner agrees with this answer
A:
It's important for you to know that you have options and rights in your situation. Under the Violence Against Women Act (VAWA), immigrants who are abused by their U.S. citizen or lawful permanent resident spouse may apply for lawful status independently. You do not need your husband's consent to apply, and you can include your U.S.-born child in your application. Documentation such as the marriage certificate, evidence of abuse, and your residence in the U.S. will be critical. Seek legal assistance to guide you through this process.
Given the complexities of your case, especially with your expired documents and the paused immigration process due to COVID, contacting a qualified attorney or a non-profit organization that provides legal aid to immigrants is crucial. They can help you update your status, guide you through the application process for VAWA, and assist in searching for your husband if necessary. They can also advise you on how to renew your work permit and legal identification.
Finally, it's vital to ensure your safety and well-being during this challenging time. If you're in immediate danger, call 911 or contact local shelters and support groups for abused individuals. They can provide safe housing, counseling, and support. Remember, you're not alone, and there are resources available to help you navigate this difficult situation.
Ms Grace I Gardiner agrees with this answer
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