Legal Question in Immigration Law in New Jersey

parental rights of illegal father

my friend is married to an american woman but he doesn''t have a green card. the wife is a drug abuser and emotionally abuses him. they have 2 kids and he wants to leave her but she always threatens him with the kids and immigration. what are his rights? what should he do?


Asked on 9/25/07, 8:58 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: parental rights of illegal father

Your friend may be eligible to maintain his LPR status under the Violence Against Womens Act (VAWA). While the title of the act suggests it is used to protect women, men are also covered under the act.

There are a number of requirements that he will ahve to staisfy in order to fall under VAWA.

Good luck.

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Answered on 9/26/07, 9:47 am


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