Hi, i have a question regarding my friend status. She came to US from India as on dependent visa and her husband has H1b.

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She is being emotionally and physically abused by her husband. She has been tortured by her husband very badly in the past year.Is there any possibility that she can convert her visa and stays here through some kind of help giving by Domestic Abuse Shelter laws ,since her US legal status has being dependent on her husband's job ? and what are the consequences her husband will going to face due to his violent acts towards his wife ? she wants to stay here and she does not want to go back to India due to cultural norms and there is not much support for a divorces woman in India.kindly give me some legal advices regarding this case. my friend is in real misery .

Attorney Answers

2
Jagbir Terkiana ·
Unfortunately there are not many options. She can get a visitor status for a couple of months, but then she would have to go on her own, student/H-1B or other status.
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Emily Rebermariniello ·
Yes, she can. This is what Violence Against Women Act, or "VAWA" was designed for. Here is a brief description, but you should have your friend contact and attorney to help her file. Normally, if you are a spouse, child or parent of a US citizen (USC) or a spouse or child of a legal permanent resident (LPR) and you want to obtain lawful permanent resident status (commonly referred to as having a “green card”), the USC or LPR has to file a petition with the United States Citizenship and Immigration Service (USCIS) and may need to go with you to an interview with Immigration authorities. Also, if your marriage is less than two years old when you obtain your LPR status, you would normally get what is called “conditional permanent residence,” (commonly known as a “conditional green card”). Your spouse would then normally need to file a joint petition with you to remove the “condition” so that you can obtain full lawful permanent residence. However, in relationships of domestic violence, these requirements for the USC or LPR’s participation are often used by an abuser as a form of abuse, gaining power and control over the immigration status of the victim. Therefore, US immigration law allows certain noncitizen victims of abuse to get legal status on their own without involving the abuser to file anything for the victim. If she is getting a divorce, she should be sure to file for VAWA relief within 2 years of her divorce becoming final, or she will not be able to apply. Sorry to hear of her troubles and I wish you the best of luck.
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