Domestic violence by US citizen with foreigner.

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My friend's daughter from India was married in US to a US citizen. She is on conditional two years green card. She is victim of domestic violence by her husband.My query is:- 1. Can she return back to India and file divorce proceedings in India against her US citizen husband? 2. Can she get her conditional green card permanent after coming back to India in these circumstances? 3. What is best course available to her?

Attorney Answers

2
Nicklaus Misiti ·
She probably should not go back to India just yet if she intends on remaining here. She can still get her permanent green card if she suffered abuse. I suggest you and she discuss her case with an immigration attorney. For a free consultation you can contact my office at 212 537 4407 or follow the link below and fill in the form on my website.
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Shiva Gill ·
She should not return to India. She should apply for her permanent green card as a self-petitioner. However she will need a divorce decree. I don't know about family law, but check with a divorce attorney to see if she can divorce him here even if the marriage took place in India. She can get her permanent green card here if she can establish that her marriage was bona fide but it ended in divorce. You should also hire an immigration lawyer.
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