QUESTION

Will I lose my visa if i apply for Divorce

Asked on Apr 07th, 2014 on Immigration - Ohio
More details to this question:
I am on EAD(1-485 - employment based GC). I am trying to divorce my husband this year and visa is dependent from his employment visa(EAD). I am seperated from 4 years, i have protection order from him for 5 years on November 2013. Could you please let me know how do i pursue to get another visa on my own.
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1 ANSWER

Immigration matters for employers, executives and professionals Attorney serving Beachwood, OH at The Law Offices of Brian J. Halliday, Inc.
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It sounds like your green card application process is dependent on your husband’s.  Therefore, if you divorce, your process will be terminated and you could be removed from the United States unless you have a valid, underlying immigration status that is independent of your husband’s.  Unfortunately, even though you have a protective order against your husband, unless he is either a Lawful Permanent Resident now, or a U.S. citizen, you do not have relief available to you under the Violence Against Women Act (VAWA).  In order to pursue permanent resident status on your own, without your husband, you would have to have your own employment-based case (e.g., approved PERM and I-140), family-based petition, or, perhaps an asylum case if you can show you would be persecuted if you returned to your home country.  You could also immigrate based on investment.  Alternatively, if you can delay your divorce process until such time as your husband’s I-485 (and yours) is approved, you will either be an LPR in your own right, or if not - but still married to him when he becomes an LPR, you may be able to self-petition under VAWA, depending upon the facts of your case.Brian J. Halliday, Esq.  THE LAW OFFICES OF BRIAN J. HALLIDAY, INC.The Office Loft | 3789 Green RoadBeachwood (Cleveland), Ohio 44122www.immigrationlaw.pro | www.hallidaylaw.comIntegrity in Immigration Law AdvocacyBrian@Hallidaylaw.com  (e)  216.896.0855 ext. 302 and Toll Free 866.604.3723  (v)     216.896.0724  (f)
Answered on Apr 07th, 2014 at 10:56 AM

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