Legal Question in Immigration Law in California

Divorce

My husband is a U.S. citizen. He brought my son, from my previous marriage, and I to the states from Vietnam and we were married in 2006 in the state of California. I've got my green card, Social Security card, California driver license, manicurist license and currently working.

My husband has been abusive toward me. He threatened to have me deported if I don't ask my parents for money to buy a house). He beat my son every time he reprimanded my son. He slapped me when I tried to stop him. I had to call 911 for help but didn't press charge. Hoping it won't happen again.

He never discussed a divorce or any kind of separation with me, we still live in the same place as husband and wife. On the night of 7-28-08 his father came to the apartment and gave me a copy of a form (FL-100) and told me that my husband has filed for a divorce. That petition was filed with the Los Angeles Superior Court on June 26-2008.

Please help! I speak very little english. Will my son and I be deported if my husband divorce me? What should I do if he continues to beat up on my son?


Asked on 8/08/08, 3:39 am

2 Answers from Attorneys
Johm Smith tom's

Re: Divorce

If you entered into the marriage in good faith, we can assist you in seeking a change of status for you and your son even if you do not remain married. We also work with several CA law firms that may assist you with the divorce if you wish.

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Answered on 8/08/08, 10:40 am
Marc Seguinot Seguinot & Associates, P.C.

Re: Divorce

Get the divorce, please. You should not be subjected to such abuse. Get rid of him. And, no, you will not be deported because you divorce him. You have your adjustment of status, and I presume that you probably have a condition that has to be removed. You can file it without him, okay! Make sure you keep documents on everything that has happened, the beatings, calling the police, and anything you can put down to show he was abusive. The condition can be removed without your husband, and you will obtain your PERMANENT card. I am guessing that you have a two-year green card, okay, so let me know if I am not correct.

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Answered on 8/09/08, 3:31 am


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