Legal Question in Immigration Law in Georgia
I m a Ukrainian Woman, married a green card holder 3 years ago, we have a 11 months old now. My husband told me that he is working on getting a citizenship, so we can apply for my green card, but its been going on for 3 years now, my visa has expired 1,5 ago.. Yesterday we had an argument and he hit me and started threatening me that if I call the cops he would send me back to Ukraine, and separate me with my daughter, there is more to it, but my main question is there a some kind of law, that if husband abuses his wife, and she gets stuff like that documented (police report) She can get her documents without him? Please help me with your advise. Thank you
5 Answers from Attorneys
First, and most importantly, you need to call the police and get away from your abuser. It won't stop until you do that - it never does. Second, AFTER you get away from that situation, you need to see an immigration lawyer. It does not matter what someone tells you about the law, you still have to take the steps to get a green card. The best and fastest way to do that is to see an immigration lawyer.
Domestic violence is a crime. You may want to seek a local domestic violence clinic for information on how to best, and most safely, handle your situation. Legally, you will have options in obtaining a greencard and remaining in the US in lawful status with your daughter. You will want to be sure to be safe, but also know that you are able to call the police if you are threatened or in danger. An immigration attorney will be able to review your options in detail with you.
You can file a VAWA self-petition, which is for battered spouses. The truth of the matter is that your husband could have filed for you as a greencard holder/permanent resident. He does not have to wait til he becomes a US citizen. For a free consultation or info on the VAWA, please contact my office at 904-371-3538 or email me at [email protected]
I will add that you need to see an immigration lawyer in your area. Your ZIP code is in metro Atlanta and there are scores of immigration lawyers, most of who will speak to you for free. You want a lawyer you can sit down with, in person.
I work with abused women filing applications on their behalf. If you would like to speak to an immigration attorney feel free to call my offices. You do not have to be subject to any kind of violence. My number is 408-245-2416.
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