Miami, FL asked in Immigration Law for Florida

Q: I am a permanent resident married to a US citizen. Over 6 months ago we separated because he assaulted me and cheated.

He out of nowhere shows up to my house unannounced all the time saying he wants to get back and he scares me. Im afraid divorcing him will impact my status. What options do i have since he will not leave me alone and its scaring me and stressing me since im afraid he might do it again

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm really sorry to hear that you're going through this. Your safety is the top priority, and you don’t have to tolerate him showing up unannounced or making you feel unsafe. You can consider filing a restraining order to protect yourself from further harassment. If he's been violent or threatening, you have every right to protect yourself legally.

As for your immigration status, being married to a U.S. citizen does provide pathways to maintaining your residency, even if the marriage ends. You won’t automatically lose your status just because you’re considering divorce, especially if you've been subjected to abuse. There are protections in place for people in situations like yours, such as VAWA (Violence Against Women Act), which helps immigrant spouses of abusive citizens.

Reaching out for legal advice could help you understand your rights more clearly, especially around your immigration concerns. It’s really important that you feel safe and supported, both emotionally and legally, as you navigate this.

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