QUESTION
Can I get a temporary green card if I file for physical abuse against my husband?
Asked on Jul 26th, 2011 on Immigration - New York
More details to this question:
I have been married to a U.S. citizen for the past 3 yrs (recently divorced). He was everything but physically abusive. Can I file a self-petition case? If it is granted, will I be awarded a temporary or permanent green card? What are the cost associated with filing this type of case?
7 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
If your husband acts rise to the level of abuse you may be entitled to self-petition. You would have to show you married and lived together, and that you would suffer if you are sent home. You have to prove the abuse.
Answered on Aug 17th, 2011 at 7:14 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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To be eligible for self petitioning as an abused woman, you will have to prove that abuse occurred. It can be physical or mental. If approved, you will receive permanent card (10 years). But I suggest you talk to an experienced immigration attorney before applying.
Answered on Aug 11th, 2011 at 8:02 AM
You have options under VAWA.
Answered on Aug 08th, 2011 at 5:21 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, you can file for case based on Mental Abuse. You will need a complex, psychological evaluation to determine the abuse. If approved, it will be a permanent green card.
Answered on Aug 08th, 2011 at 1:00 PM
Immigration & Naturalization Attorney serving Seattle, WA
at
Orbit Law, PLLC
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In short, yes, a survivor of abuse - whether mental, physical or sexual is able to self petition for Permanent Residence, and if approved, the service will issue a "permanent Green Card". There is no legal requirement that the abuse must have been physical, but you have to be able to show that the marriage, when entered into, was done in good faith i.e. not for the sole purpose of acquiring an Immigration benefit. I'm happy to speak with you in detail about the process and cost involved as well as the kind of documentation you will need in support of your self petition
Answered on Aug 08th, 2011 at 11:16 AM
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
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A person can self petition for a green card based upon having been married to an abusive spouse. Regarding your case you should have it evaluated by an immigration attorney. For a free consultation feel free to contact my office.
Answered on Aug 06th, 2011 at 9:43 AM
We'll need more information to determine whether you will be able to self-petition. After we interview you, we'll have better ideas of whether this is possible.
Answered on Aug 06th, 2011 at 9:43 AM