Legal Question in Immigration Law in New York

i cam to the us when i was but did not recive any documention but later marry a us citizen i recived my work permite then when it came time to renew the paper work she tolded me she want a deviorce nad she will not sighn any paperwork or participate in the refiling but we are still marride but separated wat should i do


Asked on 2/27/11, 10:53 pm

3 Answers from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Depending on what stage of the proceedings you are in, you may still be able to continue the process alone if you she has verifiably abused you. Sometimes when we as immigration lawyers hear these stories we wonder how it would be possible that a spouse would refuse to sponsor her illegal spouse. When we look beneath the surface we find that is evidence of spousal abuse. Visit an immigration lawyer to see whether or not you may qualify under that part of the law, VAWA, the Violence Against Women (includes Men too) Act. Of course, we are available to consult.

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Answered on 2/28/11, 3:57 am
Attorney Caro Kinsella Law Offices of Caro Kinsella

Based on the information you gave, by stating that you are renewing - does that mean you are trying to remove the condition off your conditional greencard (after the 1yr 9 months?); if that is the case then you can self petition the I-751 based on either divorce, abuse or extreme hardship you would suffer (you would not have to do so jointly with your spouse). If however it is not about removing the condition off the green card, then what the Attorney above suggested is the way to go.

Contact our office for a free consult.

Caro Kinsella

Immigration Attorney

954-304-2243

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Answered on 2/28/11, 6:24 am
Seeta Nangia Law Offices of Seeta Nangia

If you are filing to remove the conditions on your green card (Form I-751) you may file the petition on your own if you are divorced, suffered abuse or would suffer extreme hardship if you were required to return to your country. If you are planning to get a divorce, you should so sooner rather than later. The filing can be done without a divorce decree, but you must show evidence that you are in the process of obtaining a divorce.

If you did not obtain your green card already, an immigration attorney will have to explore what other options are available to you at this time.

Please feel free to call me to discuss this matter further as I specialize in marriage-based immigration cases.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/28/11, 10:00 am


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