Legal Question in Immigration Law in South Carolina
I've been married over a year with an American citizen, my husband is a good person but he is an alcoholic, thing I found out later in the marriage, he abused me mentally all the time, like living me without car or money, with our newborn baby for days.
He filled the petition for Green Card, and the petition was approved , but he has to go to jail cause of a felony DUI from his past, living me in a very bad situation, with a baby and illegal ( we did not filled the AOS yet)
I know I have to find a good lawyer, but I want to ask if I can benefit from U Visa, VAWA petition or anything else? and is the fact that I have a baby makes my situation easier or even more complicated? All I want is to get me legal and more independent, so I can take care of my 5 month old baby.
Thank you so much
1 Answer from Attorneys
You can't benefit from U visa. Having a baby doesn't make your situation any more difficult or easy from an immigration law point of view.
VAWA petition could be possible if you can prove abuse, extreme cruelty and domestic violence on your husband's part.
If the I-130 was approved and you are still married and living in a marital union with your husband, it could be easier to file an application for adjustment of status. You need to discuss your specific circumstances and legal options with a good immigration attorney who specializes in VAWA petitions and family immigration.
If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.
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