Legal Question in Immigration Law in New Hampshire

H4 Divorce, Need to stay in US

I'm a h4 visa holder who wants to divorce her husband (H1B visa holder) because of psychological abuse and adulterous. I have two children with autism (US citizens) who need special therapy not provided in my home country. Is there any visa that will allow me to stay here w/my children and eventually get green card? Or Am I stuck with this man until I get green card with him?


Asked on 6/18/04, 8:25 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: H4 Divorce, Need to stay in US

Yes!!! you should be eliginle for humnatarian parole. Please e-mail me directly!!

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Answered on 6/19/04, 12:57 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: H4 Divorce, Need to stay in US

Your problem is symptomatic of a greater problem in H-4/H-1B domestic cases. If you had already filed for your green card, you would probably be eligible to continue with your case under the Violence Against Women Act ("VAWA"), regardless of whether or not divorce proceedings are underway, but here this is not the case.

You may wish to consider changing your status, if you qualify, to another nonimmigrant status, such as an H-1B, L-1, F-1, or even U status.

Please telephone the office at (212) 618-1830 to schedule a consultation with an immigration attorney, who can help you in determining what you may, or may not, qualify for.

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Answered on 6/19/04, 2:25 pm


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