QUESTION

My husband of two years withdrew his i-130 petition and now wants a divorce

Asked on Feb 11th, 2016 on Immigration - New Jersey
More details to this question:
Hi, I hope you can help me. My husband of two years wants a divorce and recently withdrew his petition for me to get my green card. He signed a affidavit for sponsorship, however my green card approval is still pending because we haven't had our immigration interview. Now that he withdrew the petition, the interview obviously isn't happening. We have a 1.5 year old son, I have been a stay at home mom since he was born so I have no income nor savings since my husband is the bread winner here. Without a green card I see myself forced to return to my country of origin because I simply can not raise my son as an illegal immigrant. My husband agrees with me,leaving and bringing our son with me and he says he'll visit him from time to time. Because he knows our son needs to be with his mother he won't fight me for full custody. However, I've been in the US for 8 years (4 of which I've been with my husband) and now I'm pretty much forced to go back. What are my options?
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1 ANSWER

Immigration Law Attorney serving El Paso, TX at Zermeño Law
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Hello. I'm sorry to hear about yoru situation. The US Supreme Court will decide by June 2016 whether to approve President Obama's executive order regarding parents of US citizen children or DAPA.  If approved then you should be able to be protected from deportation and will get a work permit. Also, if you were abused either mentally or physically or both by your US citizen husband then you may qualifiy for permanent resident status as a battered spouse. Please contact me for a free consultation to determine if you would qualify for the battered spouse petition.
Answered on Feb 11th, 2016 at 7:28 PM

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