Legal Question in Immigration Law in Tennessee

what is the laws in this situation? a woman enters the US on a Fiancee Visa and marries the petitioner in March 2010,they were married right at a month and her severely abused her causing her to file for a divorce, months later she meets another man and falls in love, they got married in June and are very happy. now they are being told that she must leave or risk a 3 year ban,they were also told she must remain gone for one year, the woman is from the phillipins and fears his safety if he moves there to be with her, is there a legal way for her to remain in the United States? without risk of prossecution, she has as much right to be here, if not more than those that cross the border illegally yet are allowed to obtain citizenship while being exempt from tax laws and who also take jobs that should remain available for the people that arrive here legally like the woman above!!! it is not her fault that the petetioner of her visa turned out to be a cruel person and she would have been at risk of injury or possibly death if she remained married to him. the woman is also terrified that if she returns home she will be treated like and punished as a traitor, which i am sure you are aware is actually a reality where she is from!!!


Asked on 12/03/10, 4:42 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

This is a very difficult situation and I advise you to speak to a good immigration lawyer in private.

Yes, it appears that she will have to go back to Philippines to apply for a proper visa based on a new marriage. If she is has re-married, she is not eligible for protection that law gives to abused women. If not a new marriage, she could have stayed and self-petitioned based on abuse.

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 want to schedule a legal consultation, I would be happy to help and advise you. You can email me at [email protected] or complete an Info Form with a consultation request at https://lawvisausa.powweb.com/info_form.html . For more information visit http://www.law-visa-usa.com/contact_us.html

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Answered on 12/08/10, 7:48 pm


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