Legal Question in Immigration Law in Maryland

Dependent Visa

My husband is on H1 visa, Me and my son(12 yrs) are on H4 visa, 3 yrs old daughter citizen of USA. We are in 7th year extension but labor is not cleared yet, labor applied on April 2002. Now I am facing lot of problems with my husband. How can I separate from him? Can We get legal status after divorce? My family members are in USA. But because of my visa they couldn't help me. If I stay with my family members my husband will not apply for extension of our dependent visa.If I go back to my country nobody is there to help me. I really don't want to depend on my family members. Can you help me to get out of this problem. I am helpless. I am educated, I can support my kids If I can work.Can you please give me the solution for my problem.


Asked on 4/13/07, 2:59 pm

1 Answer from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Dependent Visa

I've been looking into this one and I'm afraid I don't see any easy solution. As long as you're still married and your current H-4 has not yet expired, you're still lawfully present. Separating should not have any effect as you're technically still married.

Nevertheless, if your H-4 is not extended, you will have to change status if you wish to remain in the US. For example, an H-4 can change to an F-1 (student). I don't know if that's applicable to your situation. Good luck.

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Answered on 4/16/07, 8:34 pm


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