How do I get divorce and retain my green card? 3 Answers as of August 05, 2016

We were married for 2 and a half years. I was in my home country. Everything was okay. He used to not care for me much. I thought maybe all this is happening because of distance but when I reached the US, he started behaving even weirder. He started misbehaving with me. He started treating me like a servant and also used to do the domestic violence. I didn’t report to the police because my parents told not to do as marriage is a big thing in our Orthodox society. I could not take his torture anymore and returned to my parent’s house after 2months. My green card is for 10 years and I got it 2months back. My husband told me that he’ll terminate my green card if I divorce him. He is not ready to give me divorce and even my parents are not supporting me because they have very Orthodox mentality. I want to get rid of him and his torture and I don't want my green card to be terminated.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Talk to an immigration attorney. If there was domestic violence there are accomodations that can be made.
Answer Applies to: Washington
Replied: 8/5/2016
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
I am sorry to learn that you have been the victim of domestic violence and torture, and to learn of the problems with your marriage that you described. There is no way that a U.S. citizen spouse can terminate his foreign national's Permanent Resident status (her "Green Card"), since that is a benefit issued by the U.S. government and not by the U.S. citizen spouse. Although not completely clear from your question, it sounds like you traveled outside the U.S. two months ago and are staying in your parents' house. Be aware that a single absence from the U.S. of 180 days or more may trigger a presumption that you have abandoned your residence in the U.S. (and your Permanent Resident status), and a single absence of a year or more may trigger a non-rebuttable determination of abandonment. It would be wise for you to consult with a domestic relations (divorce) attorney about your rights and responsibilities in the event of a divorce, and if that attorney does not have sufficient expertise relating to the immigration issues, that attorney should communicate with or associate an immigration attorney.
Answer Applies to: Georgia
Replied: 8/5/2016
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
My suggestion is that you talk with an Immigration Attorney before deciding to move forward with your divorce. When you decide to move forward with your divorce, consider Mediation. Mediation is Fast, Effective and Affordable. Good luck.
Answer Applies to: Florida
Replied: 8/4/2016
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