Can my husband cancel my visa aplication for green card? 2 Answers as of April 20, 2011

My husband is a US citizen. I enter the US more than a year ago. He's the petitioner for my visa application (CR-1) green card. we're still married and lived under the same roof, but he send a letter to immigration and asks for the cancellation of my visa application. Is there something that I can do to continue with the process? He never applied to applied to get an adjustment of my status, therefore I've never worked. I depend totally on him. I was working and completely independent, but he pressure me to leave everything that I that I was doing to come with him in the US. He's in control of every aspects of our marriage. I had enough of staying home all the; in January I decided to enrolled back to school and he's not very happy about this situation. Is there something I can do in my situation?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes. Yes. Yes. You should look into applying for yourself under the Violence Against women Act (VAWA) if you feel that your husband is controlling your life by controlling your immigration status. In cases such as this one, if I am hearing you right, often the spouse will try to use immigration laws in order to get his way. That is prohibited by law and there are ways you can regularize your status all by yourself. You will have a pretty good case under the VAWA in my view. Do not do it yourself as it is almost a science to strike the right balance in the preparation of this type of cases. Get competent counsel. Good luck!
Answer Applies to: California
Replied: 4/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you entered the US as CR-1 they you already have a Conditional Green Card and did not have to file for adjustment of status. However, your Conditional Green Card expires after two years. You must file an I-751 prior to the expiration date. If you are married, or you are a victim abuse or cruelty you can file the I-751 by yourself.

If you never received your Green Card because you were in the US when the petitioning process was started, if he filed and I-130 after your arrived, they you may be eligible to file an I-360 Self-Petition under VAWA as an abused spouse and also filing for adjustment of status.
Answer Applies to: California
Replied: 4/20/2011
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