Legal Question in Immigration Law in New York

Your mother can be eligible to petition for herself as an abused spouse of an American Citizen. It depends though how long ago it happened and when she divorced her husband.

I would need additional information regarding your particular case before I could comment on it properly.

The fact of the matter is that if her husband was the petitioner, once she divorced him that particular petition became void.

The immigration services will carry out its own investigation in spite of what your mother tells them. Immigration already has a file on her so no matter what she now tells them they will refer to the old file.

Immigration will contact the ex-husband to find out what he has to say about this matter.

However, depending on her circumstances, even if she files a petition on her own she will have some difficulty because immigration will have a lot of questions. The most important being why did she wait so long to inform them of her change of circumstances.

Are you a US citizen? If you are why don�t you file a petition for your mother?

Patricia Martin-Gibbons