Legal Question in Immigration Law in California

Divorce/ Immigration

I have been married to my husband for the past 4 years, we have a wonderful son together. we have very many problems between us, he is very abusive and he never has let me call the cops or file a police report. He is a citizen of US and he filed my paperwork 2 years after our marriage, I'm a permenent residence but with conditions. I'm trying to divorce him but he says that he will pull my paperwork if I do that. I have no idea what to do, We do not live together and since I had enough strength to move out, he doesnt let me see or talk to our son. He always has some excuse of why our son cant come to the phone or a reason why i cant see him. this really does hurt and I'm drained. I have one of three choices:

1)Should I go ahead with the divorce and risk being deported and not seeing my son again?

2) should I have a legal sepration and share custody of our son and hopefully he cant stop any of my Immigration paperwork then?

3) should i just live with him and go with whatever life throws my way??

I'm terriably scared and have no idea what to do, I need Legal advice and whatever help I can get.


Asked on 6/24/08, 7:18 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Divorce/ Immigration

1. Yes, get divorced. You will get your green card, not deported.

2. No

3. No

There is a waiver of a joint petition requirement on removal of conditions. You can qualify for that based on a bonafide marriage, meaning one you intended to be a real marriage, not just to get the green card. You prove your intention with the fact you have a child together. There is no reason at all to be bullied by your husband.

Let me know if I can help by representing you.

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Answered on 6/30/08, 7:41 am
Fariba Faiz Law Offices of Fariba Faiz

Re: Divorce/ Immigration

If your husband is verbally or physical abusive and you fear for your life or safety then you may apply for a waiver of the joint filing for the removal of conditions on your green card.

You may also self petition yourself for a green card based on Violence Against Women Act (VAWA) if you can show that you have suffered extreme hardship as a result of his abuse. You should document this abuse.

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Answered on 6/25/08, 10:24 pm


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