Can a victim of domestic violence get her permanent resident even when her husband is here in US just with a visa?

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My friend has been victim of domestic violence and she is married to someone who only holds a visa. Can she get her permanent resident still?

Attorney Answers

5
Gerard Lazzara ·
The abusive spouse must be either a US citizen or a lawful permanent resident in order for the victim to benefit from the protections of VAWA. However, if there was physical battery, it was reported to the police and the victim cooperated with the authorities in investigating and prosecuting the crime, the victim may be eligible for something called a U visa, even if the abuser was not a lawful permanent resident or a citizen of the US. This is a rather complex area of law, so getting a good lawyer is imperative. You may wish to contact your local Legal Aid organization. They might be able to assist you for free, if you qualify. Good luck.
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Meenu Sharma ·
For battered spouse visa, husband/wife must be U.S permanent resident or Citizen. She should consult an attorney may qualify for U visa.
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Yolanda NavarreteFamily Law AttorneyMorristown, NJNJ licensed ·
Yes. If the violence has been reported to a police agency and they are willing to certify that you have been cooperative, you may apply for a U visa, which will give you the opportunity to file for residency 3 years later.
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Leonard Boyer ·
I agree with the answers of my distinguished colleagues. You should retain counsel that is experienced in both immigration and matrimonial law. You should be able to become a permanent residence. Good luck.
0 upvotes

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