Legal Question in Immigration Law in New York

Can I apply for GC if I am separated?

Hello, any advise would be

appreciated. I came into the US

when I was 12 and I am now 29 yrs

old. I attended high school and

college here. I met my ex husband in

college and we got married in 2001. I

have been separated from him since

Dec 2003 due to physical and mental

abuse and I have never went back to

him. I have known him since

summer of 1999. When I got

married, I never applied for my

residency. All I know is I came into

the US with a valid visa and

everything was legal. Unfortunately,

my passport from my country has

expired and I do not know what my

status is. My mother took care of

everything but she is no longer here.

I am confused and lost and I am

scared. I don't know what to do. Can

I still apply for a GC even though I

am separated? All I know is that we

are still married and I know that he is

in a different relationship and has a

child. He also cheated on me while

we were married and I was abused

mentally and physically. What should

I do? Please advise. Thanks


Asked on 7/17/08, 12:08 am

2 Answers from Attorneys
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Can I apply for GC if I am separated?

From what it seems from your story, you will be able to apply for a green card based on your marriage to US citizen or greencard holder. Based on the fact that you were abused, you do not need his signatures or anything else.

You can contact our firm (we specialize on this type of cases) so that we can fully assess you case and determine how you can be helped.

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Answered on 7/17/08, 3:45 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Can I apply for GC if I am separated?

If you were abused in your relationship with your husband, and he is a US Citizen or Green Card holder then you may still be eligible to file for your green card. Because you have been separated for so long, it may be difficult. You should contact an attorney to discuss your situation in detail.

If you have additional questions, please do not hesitate to contact my office.

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Answered on 7/17/08, 8:26 am


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