QUESTION

Can I renew my green card if my husband is in jail?

Asked on Feb 22nd, 2014 on Immigration - California
More details to this question:
My husband and I have been married for 2 1/2 years and have a 1 year old son. Shortly after we got married, I filed for my residency and as fate would have it, he was arrested on the day of my interview for an outstanding warrant. I was 4 months pregnant. I was fortunate enough and was granted my 2 year green card. My husband was released 6 months later and everything was fine until he got himself in trouble again in September 2013 and was arrested and is now in jail. The night he was arrested, we got into a HUGE fight where cops were called and DCF got involved because my son was present during the altercation. I have a restraining order against him. My dilemma now comes because I need to renew my green card. Can I still file with him in jail or what do I do? I'm really stressed because it expires in March. Thanks!
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4 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Yes, you can. You can "self-petition" for your green card. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Feb 26th, 2014 at 1:39 PM

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Bruce A. Coane
Generally, in this situation, a person can file a joint petition with his signature, or, the person can file for divorce and then file the application without his involvement.
Answered on Feb 25th, 2014 at 5:34 PM

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You have quite complicated circumstances. It's not clear: do you have a conditional permanent residency's card? If yes, you probably may apply for removing your conditional status, provided you show the proof of marriage which does seem survive your in-fighting. You need to prepare many required documents and send them with the petition. But, this petition should come from your husband, who is currently in jail. That certainly complicates the matters. You could, probably, proceed under a different avenue, through VAWA or U-visa. Those are very complicated and you should enlist at least a help of some non-profit agencies helping women causes. They might, and should, help you for free. However, if you want to preserve your marriage for the sake of your son, working with your husband in prison might be a way to go.
Answered on Feb 25th, 2014 at 5:32 PM

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Immigration Law Attorney serving Glendale, CA at Law Office of Josue S. Villanueva
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Is your status conditional? If so, you do not renew your green card. You remove the condition. I am assuming your husband is a USC. If so, he can stay in jail for as long as he wants to and not worry getting deported. That is one of the privileges of being a US citizen.
Answered on Feb 25th, 2014 at 5:27 PM

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