Legal Question in Immigration Law in New York

conditional green card

I received a conditional green card over a year ago. My husband was very abusive and the court has removed him from the home. He has a restraining order and should have no contact with me. When all this was going on I found out that I was pregnant, he does not know this. He was real mad at me because I got the courts involved and he has in turn filed for divorce to get back at me. I know that he will not sign my child's birthcertificate.

So my question is:

Can I file to remove the condition as a battered spouse. We had a lot of things together showing that our marriage was bonafide. Also documentation of the abuse

How do I prove to immigration that he is the father of my child if he does not sign the bercertificiate? Because of the abuse I think it is best if I keep my pregnancy from him


Asked on 7/25/06, 6:13 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: conditional green card

Dear Madam,

It is possible for you to petition for the removal of the conditions on your Green Card by proving a bonafide marriage. Secondly, there may be a possibility of bringing a VAWA petition if the standards of that process can be met by your specific circumstances. However, it sounds as if you have a compelling case. You should consult with an experienced immigration lawyer before moving forward.

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Answered on 7/26/06, 11:15 am


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