Legal Question in Immigration Law in New York

Immigration and divorce

Hi, I have a cousin who is a married to US permanant resident. He is about to become a US citizen. However, he is not planning to apply for my cousin's permanant residency. SHe has been psychologically abused and harassed because of her non-immigration status. They had one child from this mairrage(born in US). Is there a way she can come out of this situation and apply for permanant residency herself? What does she need to do? They are not in process of getting divorce yet. However, it seems very likely or may be he is just using it as a weapon to harass and control my cousin. Any help will be greatly appreciated.


Asked on 7/23/07, 1:11 pm

2 Answers from Attorneys
Anna Valentini Valentini Law Offices PLLC

Re: Immigration and divorce

You cousin might be eligible to adjust her status by self-petitioning for a green card. This is the possibility that exists under the Violence Against Women Act. Should your cousin decide to retain an immigration attorney, I would be happy to help her. Best of luck!

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Answered on 7/23/07, 1:27 pm
Patrick Klauss Berd & Klauss, PLLC

Re: Immigration and divorce

It may be possible for your cousin to self sponsor herself for permanent resident status under the Violence Against Women's Act (VAWA). There are various types of evidence that should be included in such a petition.

Feel free to contact us for assistance.

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Answered on 7/23/07, 2:04 pm


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