QUESTION

What can I do to adjust my status if my husband and I already filed for a divorce?

Asked on Feb 05th, 2015 on Immigration - New Jersey
More details to this question:
I'm married to an American man, have daughter with him, but he denied to support green card after getting married. In the beginning, he was supportive but after having a baby here in US, he got reluctant and did not want to support me anymore. He instead told me to stay here illegally like many illegal immigrant and it should be fine. I did not want to overstay and stay here illegally so I told him that I will go back to Japan to renew my visa with our daughter. He told me not to and if I pursue, he said he was going to accuse me of child abduction. On top of that, he started filing for divorce since I was really pushy about him not working and supporting our married life. I tried hard to work with him but in the end, I could not hold it anymore and agreed to file divorce. But by that time, I have overstayed for a year and today I still haven't resolved my status while in process of filing divorce. He is not supporting me, I am limited to where and what I could work because I don't have SS number and also look after my daughter during week days. I could go back to my country but heard I could not return to US for another 10 years even if just to visit my daughter in case if I couldn't take her back with me. All I ask for is to adjust my visa so I could restart and work on my status legally. I know I was ignorant but I need another opportunity so I could stay with my daughter. Please kindly advise. Thank you.
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1 ANSWER

General Practice Attorney serving Edison, NJ at The Law Offices of Peter S. Kollory
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Your situation is fact-sensitive but you have relief in the immigration laws. You should consult an attorney locally wherever you are and ask for self-petition procedures.
Answered on Feb 09th, 2015 at 1:42 AM

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