Legal Question in Immigration Law in New Hampshire

Divorce before GC

Hi,

I have been married for 2 years and its been a very abusive marriage. My husband took me to my home country and was not ready to bring me back to the US. He prevented me from taking up a full time job, having a bank account, drivers license, talking to my family back home, forcing an abortion ..the list goes on.

We have applied for our GC and we are in the final stages of its processing. Recently I got a full time job and after knowing that, he calmly tells me that he may want to withdraw the GC. He treats me really bad, isolates me from his friends and family. And has been asking me to leave the house and all that. But when i sit to talk with him he denies having said anything. He wants me to leave by myself so that he doesnt have to face the consequences. He claims ''that i abuse him'' I have even had to call the cops when he was threatening to cancel my green card and kick me out

1. What can i do if he cancels my GC

2. I have my EAD valid till Oct next year or so. Will my EAD be valid even if he cancels my GC

I just want to finish my studies and get back to my country. My job is helping me pay my fees.

I just dont want to lose my marriage, job and study all at once.

What can I do in such a situation?


Asked on 7/22/04, 1:05 pm

2 Answers from Attorneys
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Divorce before GC

If you get divorced due to battery or extreme cruelty, you should be able to self-petition to complete the GC process. I would advise you to document as carefully as possibly the abuse you are subject to. It sounds as there is a real possibility that you need to invoke these provisions.

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Answered on 7/22/04, 1:18 pm
Rebecca White Law Office of Rebecca White

Re: Divorce before GC

You will want to consult with an immigration attorney before making any final decisions, but from what you have said you have the option of petitioning on your own for status based upon an abusive marriage. I work with domestic violence cases on a regular basis. If you would like to contact my office, please do so.

My best wishes.

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Answered on 7/22/04, 2:04 pm


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