Will I get a Green Card if I get a divorced?

You may still qualify for a green card even if you get divorced if you can prove spousal abuse. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Has your husband filed a petition for your green card yet? You also may be eligible under VAWA. I 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. He/she would then be in a better position to analyze your case and advise you of your options.

Your inquiry suggests you may be qualify to file a Form I-360 petition as spouse of an abusive US citizen. If you present credible documents to substantiate your allegation, CIS may grant you a green card which you file on your own and without your husband's knowledge or assistance. Contrary to what you may think battered spouse petitions, just like claims of insanity in criminal cases are not easy to prove, since not every instance of disagreement between spouses rises to the level of abuse. In fact, CIS is very suspicious of abuse allegations and you must expect CIS will demand a lot of evidence to support your claims of abuse You should speak to an experienced immigration attorney to access the strength of your case before you do anything.

There may be an option for you to obtain a greencard, but it will be very fact specific.

There is a procedure called VAWA, and it is possible to get a green card when applying pursuant to VAWA.