I married my US citizen husband four years ago, but in the last two years he has become very abusive towards me, both physically and mentally. I am ready to leave him, but I am afraid that without his support I will be deported. Are there any options for me to stay in the US? Can I get a green card without my abusive US citizen husband?
Can I get a green card without my abusive US citizen husband?
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Answer: (1)
The Violence Against Women Act was put into place for this exact reason. The VAWA provides legal protection for immigrants caught in abusive relationships but afraid to leave for fear of deportation or removal from the United States. Under this act, an abused spouse (man or woman) may self-petition for an adjustment of status to legal permanent resident (green card holder) without the need for a U.S. resident or citizen sponsor. The self petition is done on USCIS Form I-360.
You should talk to an immigration lawyer immediately to find out how you can get out of your relationship and use the VAWA to help you get a green card. Also see the additional information on the "Protection Under the Violence Against Women" page of this website.
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Posted by Nick Yao on 21 Jan 2010