Legal Question in Immigration Law in Massachusetts

women being emotionally neglected getting a green card

I read about the case below and i am just wondering whether it is valid and possible in legal terms. The woman, is not an US citizen but has a baby, who is born in the United States. She is married to the father, who has a green card. The father decides to leave them and moves out of the house. He does not pay child support. Can she apply for a permanent residency in the US according to laws protecting women against emotional abuse and neglect? Is there any kind of immigration law entitling her to a US citizenship at all without being depended on her husband?


Asked on 3/02/09, 10:47 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: women being emotionally neglected getting a green card

Hmmmm, it may be possible; not sure. I would have to look at all the facts. Women who are victims of abuse, abandonment, and all sorts of crimes, are protected somewhat under immigration laws. This is a good question and, in some cases, we are able to obtain residency where the victim self-petitions. I think you might be wise to have her contact a good attorney, or our office, to see if the facts ae good enough to obtain some form of immigration benefit. I presume that her husband never petitioned her eh? Well, she is welcome to request a phone consultation, or she can check on www.aila.org and see if she can locate an attorney member of the American Immigration Lawyers Association. Good luck!

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Answered on 3/03/09, 9:51 am


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