Legal Question in Immigration Law in New York

I am separated. Can I still apply for a GC?

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, 12:10 am

1 Answer from Attorneys
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: I am separated. Can I still apply for a GC?

You may be eligible for self petition benefits as a battered spouse. You must have been battered or had been subject to extreme cruelty. You should also meet number of other requirements. There is also U nonimmigrant visa option for aliens suffered from "substantial physical or mental abuse" resulting from criminal activities including domestic violence.

You need to consult an immigration attorney.

For additional questions you can contact me directly.

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Answered on 7/17/08, 10:22 am


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