Can I get a temporary green card if I file for physical abuse against my husband? 11 Answers as of August 17, 2011

I have been married to a U.S. citizen for the past 3 yrs (recently divorced). He was everything but physically abusive. Can I file a self-petition case? If it is granted, will I be awarded a temporary or permanent green card? What are the cost associated with filing this type of case?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If your husband acts rise to the level of abuse you may be entitled to self-petition. You would have to show you married and lived together, and that you would suffer if you are sent home. You have to prove the abuse.
Answer Applies to: New York
Replied: 8/17/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
To be eligible for self petitioning as an abused woman, you will have to prove that abuse occurred. It can be physical or mental. If approved, you will receive permanent card (10 years). But I suggest you talk to an experienced immigration attorney before applying.
Answer Applies to: Nevada
Replied: 8/11/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Technically yes. Under the Violence Against Women Act, you can self-petition as an abused spouse. The cases are handled by a special abuse unit in Vermont. If it is granted, you would then be able to apply for permanent residence. It would not be temporary. The costs include the filing fees themselves and whatever legal fees are involved, depending on the attorney who handles it. There are some non profit organizations that specialize in these types of cases and might be willing to take on your case for a reduced fee. You should look into that.
Answer Applies to: Virginia
Replied: 8/9/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You have options under VAWA.
Answer Applies to: Texas
Replied: 8/8/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Yes, you can file for case based on Mental Abuse. You will need a complex, psychological evaluation to determine the abuse. If approved, it will be a permanent green card.
Answer Applies to: California
Replied: 8/8/2011
    Orbit Law, PLLC
    Orbit Law, PLLC | Kripa Upadhyay
    In short, yes, a survivor of abuse - whether mental, physical or sexual is able to self petition for Permanent Residence, and if approved, the service will issue a "permanent Green Card". There is no legal requirement that the abuse must have been physical, but you have to be able to show that the marriage, when entered into, was done in good faith i.e. not for the sole purpose of acquiring an Immigration benefit. I'm happy to speak with you in detail about the process and cost involved as well as the kind of documentation you will need in support of your self petition
    Answer Applies to: Washington
    Replied: 8/8/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You should have filed it while you were still married to him. Although if it's based on abuse, then he would have been arrested and you would have to file criminal charges against him. Since you have been divorced, I am not sure what your chances are.
    Answer Applies to: Florida
    Replied: 8/7/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    mental abuse or physical abuse permits you to file a violence against women petition. You would get the permanent green card
    Answer Applies to: Florida
    Replied: 8/6/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    The answer is yes. but you bear the burden to prove your case. if you need a lawyer, you are welcome to contact us.
    Answer Applies to: Florida
    Replied: 8/6/2011
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    A person can self petition for a green card based upon having been married to an abusive spouse. Regarding your case you should have it evaluated by an immigration attorney. For a free consultation feel free to contact my office.
    Answer Applies to: New York
    Replied: 8/6/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    We'll need more information to determine whether you will be able to self-petition. After we interview you, we'll have better ideas of whether this is possible.
    Answer Applies to: Washington
    Replied: 8/6/2011
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