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Can I still successfully file for VAWA and/or differed action? Or what my chances of getting full custody of my child, if he has

Atlanta, GA |

I married with husband for 5 years now. During that period of time, we fought a lot because I feel much stressed over not being able to get my green card, go to school, and work like him and all my friends. He had petitioned for me, but the petition has been denied. We also unsuccessfully appealed the decision. We consulted layers who cannot do that much in this case.
At our last fight, which I initiated, and I always do to be honest, I called the police. I had some light scars from him holding my arm and he had scratches from my nails on his face. Because of that situation, the officer charged both of us with domestic violence. I was intended to file for VAWA in other not to leave the country, since he plans to divorce me. We have a 5 years old child.

Attorney Answers 3


  1. I am sorry to hear that you are in this situation. You really need to consult with a family law attorney, as well as an immigration attorney. The two attorneys will need to work together to develpe a strategy for you so that you can get divorce, get custody of your child, and remain in the country.


  2. Judges are required to consider incidents of domestic violence in the home when deciding which parent should be awarded custody in a divorce proceeding. OCGA 19-9-3. If you are fighting regularly, however, and especially if the fighting is happening in front of your child, then you and your husband are BOTH at risk of losing custody of your child.

    You really have an immigration question here, which is, how does a police report affect your immigration status. I don't practice in that area, but have changed your topic heading so that immigration attorneys will see your question.

    Good luck,
    Christie

    I am not your attorney and we do not have an attorney-client relationship. This answer is based only on the information you provided; new facts not shared here could change the answer. Relying solely on the internet for legal information, while convenient, can have disastrous consequences.


  3. Consult with an attorney. Based on the limited info it doesn't seem like you qualify for VAWA.

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