You can possibly still get your papers without him.
Under the Violence Against Women Act (VAWA), an immigrant who is 1) married in good faith to a US citizen or lawful permanent resident and has lived with them in the US; 2) has suffered extreme cruelty at the hands of the spouse and 3) is a person of good moral character can make a self-petition.
As you know, since you mentioned that your husband was helping to get your papers, the first step in becoming a permanent resident through a family member, is that the family member makes a petition for you (I-130, Petition for Alien Relative). If your marriage falls apart, or if you are separated you probably won't be able to continue on with the petition made by your husband.
But, as indicated above, you could proceed with a self-petition under VAWA. The application is the I-360, but you have to attach a lot of documentation to it. You have to show your husband's status, show that you were married in good faith and lived together, show that you are a person of good moral character and show that you were abused. Each of these elements has to be documented. It is actually a lot of work, and I definitely recommend that you get yourself a lawyer.
You mentioned you are separated from him. This does not disqualify from you -- in fact, you could still qualify to apply up to two years after divorce, if you decided to divorce him.
To document the abuse -- if you have filed police reports, that's obviously good, hard evidence. However, this is not required. You will need to prepare a detailed statement about your relationship and the abuse. You can get statements from friends and family member. Of you've ever received medication to treat depression, proof of that, along with a letter from your therapist is good. Actually, you should start receiving counseling now (if you haven't already) because it is always good to submit a letter from the counselor.
When a VAWA self-petition is approved, that alone qualifies you for a work permit. If you have never been deported before, you will get a status known as deferred action which protects you from deportation. It has to be renewed each year.
The step after the approval of the VAWA self-petition is to apply for permanent residency if you qualify. Issues to take into consideration are -- whether you've committed any crimes, if you entered the US with a visa, etc. Depending on what city you live in, whether you entered the US legally can affect if you qualify to become a permanent resident. In most jurisdictions, this is the way it's handled: if you entered without a visa, and you entered before 1997, you can actually still qualify to become a permanent resident without the need to leave the country. If you entered illegally after 1997, but someone petitioned for you, or your parents when you were still a minor before April 30, 2001, you can become a permanent resident paying a $1,000 fine. If neither of these two cases apply to you -- you entered after 1997 and no petition was made, then you have to show that the reason you entered illegally is linked to the abuse you suffered with your husband. Otherwise, you won't be able to adjust your status to permanent resident for now. But like I said, you will have a work permit. You can stay in the US, but won't be able to return if you leave.
If your husband is a permanent resident, you know there is a priority date -- you are a 2a preference category. The good news is that if you file the VAWA self-petition, you show them you have a priority date and ask them to attach that priority date to the VAWA petition. You don't start all over again.
I could go on and on. Get a lawyer. Women's shelters can often refer you to immigration lawyers who assist immigrant victims of domestic violence.
I just wanted to add -- if you entered the US legally and your husband is a US citizen, or a permanent resident, but your priority date is now current, you can file the application for permanent residency simultaneously with the VAWA self-petition.
Also, if you are indigent, you can get waivers for the immigration processing fees.I need legal advice about Domestic Violence?
You need to see a lawyer
Go to your family in your country and get away from that guy. Then just come here the right way, so you don't have to depend on any more creeps. You can do it. Never depend on anyone who hurts you.
File a police report against him for abuse and talk to an lawyer about your status and mention the abuse.
if you ever filed anything about his abuse its much easier to get your papers done but if not its going to be much harder but since you already got the ball rolling you can still get your papers but it will take much longer
If you're an illegal alien here then sounds like you're screwed. Still, dump the violent guy and find someone nicer you can use for a green card. And in the meantime, keep dodging La Migra.
talk to a lawyer! yes in most cases you can get your papers in this unfortunate event of domestic violence!take a look at this web site they should be able to help you.http://www.ncadv.org/good luck and messege me if you have anymore questions...
It is unfortunate that you should have to be married ( a major lifetime love commitment) to someone who does that to you just so you can stay in this country. I understand why you don't wan't to file a police report so you need to find another way to become a citizen without his marriage. Get a job (if you do not have one try bilingual jobs, they pay 2 time more than regular), build some credit, and become a naturalized citizen.
Good Luck.
P.S. Get rid of the abusive guy, no amount of freedom is worth being trapped by the hands of a man.
ju need to march with me on 15th, 16th, 17th June in Washington DC. So you can get help from the government
They have a special visa for victims of domestic violence. Ask at a local shelter or domestic violence organization. You can probably (99% of the time) stay while your case is being processed. You need to have documentation to show that you have been physially abused (like police reports, letter from a shelter, witnesses).
The district attorney came to my class and told us about it...they have free legal representation at some domestic violence agencies.
Good luck to you.
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