What can I do in my immigration situation? 4 Answers as of May 04, 2011

I entered here in the USA in September 2010 with my tourist visa to visit my husband. I stayed here because he proposed in November 2010. We got married on November 20 on January 23, 2011. We applied for a green card, which I get permission to work, social security, and I made the ID. The appointment with the Immigration had for the 4th day of May. There were changes because we had a strong discussion where I placed an order for protection and took me out of the house. For that reason I went out to live where we there are now friends in the process of divorce. Immigration called and canceled my work permit and meeting with Immigration. My husband just brought me two copies that immigration sent me. What can I do?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I will need to know a lot more about your case to see if you qualify for VAWA (Violence Against Women Act). Because of the short duration of your marriage, USCIS may have thought that this marriage was not a good faith marriage and that you may have been wanting to "game" the system. Especially if your husband withdrew from the process in writing. If any application on your behalf is to succeed, I think that you will have to show compelling evidence tending to prove that the abusive conduct did in fact exist. This may very well be the case. Please find competent counsel to work through this problem with you. Good luck!
Answer Applies to: California
Replied: 5/4/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Your husband probably just withdrew his petition. Now the USCIS knows where you are. You said you place an order for protection.I am assuming there was some form of abuse. There is something for abused spouses called Violence Against Women Act (VAWA). This is a self-petition where you have to prove abuse, good faith valid marriage to US citizen, proof lived together, and you have good moral character (This usually means no crime). Your husband doesn't have to know about this VAWA petition. Unless you tell him, he will never know. You have to file this VAWA soon, for two reasons: (1) because you are in the process of getting a divorce, and the deadline for filling a VAWA petition is within the life of the marriage or within two years of the divorce. IF you wait 2 years and one day after the divorce, it will be too late to file your VAWA. (2) The USCIS knows where you are, and soon it will send you a notice to appear to the Immigration Court for removal (deportation) proceedings. Hire an attorney experienced with this type of paperwork (I am!)..This is a very specialized petition. Once the VAWA petition is approved, you can refile an adjustment and get your green card. Good luck.
Answer Applies to: California
Replied: 4/30/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If you are an abused spouse you may have options to re-file as an abused spouse under the Violence Against Women Act ("VAWA"). We can also explore other options if you would like to contact me to schedule a consultation to discuss the specifics of your case. Sounds like your spouse has contacted USCIS.
Answer Applies to: California
Replied: 5/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I am sorry for what you went through. There is hope for you. If your marriage can be proved to be I good faith, as opposed to enterred into to evade immigration law, you can petition yourself as battered spouse. It's rather complicated. You are more than welcome to contact us for assistance.
Answer Applies to: Florida
Replied: 5/1/2011
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