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If I am a victim of domestic violence while on H4 visa in the US (husband on EAD), can i get a green card ?

Bankruptcy and Debt 4 views 3 answers
I stayed for a few months with my husband in US on a H4 visa only to face abuse.. He kept me under threats and was threatened of worse, if i called the cops. A welfare check by a NGO is the only police record. I am back in India and the divorce litigation is on in the US. If my husband's green card is filed, am I eligible for a green card, if abuse is proved (I have enough evidence to prove my case). Or, am I eligible for U category visa? I wish to return to US to litigate my case there, and have no funds to fight it there. The only way I can is if I have a chance to repay the debt for the loan to litigate by staying back there and earning it back in the US.

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Unfortunately there is no way for you to also obtain permanent residency under the facts you describe them. Unless you were to rescind or cancel the divorce proceedings and your husband would agree to cooperate in you getting a green card through consular "following to join' procedures. That is unlikely to succeed however, if your husband did not identify you as hiS sPouse on the EMPLOYER'S I-140 petition.
0 upvotes
F Capriotti 2793192.Html ·
Regretfully, I must agree with Mr. Behar ... I don't see a greencard option for you in this situation. To be safe, you should find a non-profit agency that assists with immigration. If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/
0 upvotes
Karla Prieto ·
Generally for a VAWA petition you must be the abused spouse of a U.S. Citizen or lawful permanent resident, though spousal abuse can be used as a defense in other circumstances. In your case, I strongly recommend that you seek legal assistance, as Mr. Capriotti suggested. I wish you the best, Karla
0 upvotes

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