Legal Question in Immigration Law in New Jersey
Im married to a US Citizen, came on a K1 visa in 2008. The 23 months of marriage my husband assaulted me on numerous occasions. Ive landed up in hospital, YWCA and have police reports. I dont have adjustment of status (green card or permanent resident).My spouse has filed for a no fault divorce. He promised US that he would support me by means of a I-134 support form. (i have a copy) I have filed for an apearance for alimony (court date 3/23/10) and we have separated since Dec. 2009. The recent incident is that my husband has created a profile of me on myspace and posted inappropriate pictures of me, posing in a bathing costume, teddy, squinting my eyes in the pictures. He is doing everything in his power to get me deported. I cant work or further my studies because of no paperwork. He pays the rent & 100d for food. I need your expert advice & help please. Thank you.
1 Answer from Attorneys
I have already answered your question earlier. That's the copy of my answer:
I am sorry to hear about this situation!
It appears that you have only one legal solution: self-petition for a green card under federal VAWA law.
Because you came to USA on K1 visa, VAWA petition is really your only choice, and it seems that you should have sufficient evidence of physical, emotional, mental abuse, extreme cruelty, etc.
If you contacted local chapter of YWCA before, you should give them a call again and ask for a referral to either an attorney or a local non-profit organization. Or you can directly contact local office of Free Legal Aid, Catholic Charities or some other organization providing free or reduced fee legal services.
The petition itself is free to file. The other filing fees can be waived if you ask the USCIS to waive your filing fees for applications for a green card and a work permit (they often do so for VAWA applicants).
You will need professional help in gathering and presenting to USCIS enough evidence proving domestic violence and extreme cruelty, etc. Please keep in mind that the decision on your VAWA petition will be made based on the documents you submit (there is no interview), therefore, it's very important to submit sufficient documents.
You should not delay this because clearly at this time your status is "unlawful" or "illegal", and you are deportable if apprehended by ICE. When the VAWA petition is approved, you can apply for both a work permit and a green card. When VAWA is approved, you might be eligible to apply for some form of public assistance. Good luck!
If you need an attorney, I'd be glad to help you.
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