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Do I need to worry that my American husband wants to withdraw petition and affidavit?

Nashville, TN |

My husband and I've been married for over 2 years now. I had experience emotional abuse from him during this time, to the point that I had left in the middle of the night no knowing where to go for being afraid of him getting physical. During a trip to Italy back in August of 2011 he asked me for the divorce and left me in Florence, I didn't know anyone so went back to Rome and back to Nashville,TN.
We had agreed to divorce after the holidays since he was my only family and I wanted to deal with the holidays the best possible. The night before Thanksgiving he served me with divorce papers. Now, I'm finding out that his lawyer was investigating about the potential of withdraw petition and affidavit.
Is it possible that I get deported?

Attorney Answers 7


  1. What we're missing here is the manner in which you entered the U.S. and your current status. Based on what you've presented, it appears that you don't have lawful permanent resident status. With the withdrawal of the spousal petition and the affidavit of support and coupled with the abuse, you may be eligible for an I-360 Battered Spouse Visa Self-Petition. An approval of an I-360 puts you in the same place as if your spouse's visa petition had been approved. Please do retain competent counsel to full investigate this as a possibility.


  2. It should not make much difference at this point if you already have your permanent residence. Just note that if you have the 2 year conditional residence, then you still need to file to remove conditions, but him withdrawing and filing for divorce should not really affect that either.


  3. It sounds like you have not received your green card yet. Is he the I-485 currently pending. If you are a conditional resident already, you can still keep your green card if you prove that you were in a valid marriage. However, if the I-485 is pending and he withdraws it, don't worry!!! You can still file an I-360 petition as a wife of an abusive husband on your own. Once this gets approved, you can file for your green card without him. You don't have to stay in an abusive relationship just because you fear deportation. The laws of the United States protect victims of abuse like you and allow you to file for your green card on your own.


  4. If you were controlled by him (friends you were able to see, money, your freedom), you may well need to see an immigration lawyer to go over your options for VAWA sef-petition, or even VASAW Cancellation fo Removal if you did not enter the U.S. legally. I would not agree to any divorce until you see an iummigration attorney. My office is in Nashville and we can assist. Sean Lewis" 615-226-4236.


  5. I agree with my colleagues. The form of direct and indirect control presented in your posting may be determined to be a VAWA claim. It would be necessary for an experienced immigration attorney to examine your immigration history to provide you with a legal opinion as to what benefits may be available to you. Good luck - remember that no one has to put up with psychological abuse under the fear of having the petitioner withdraw support.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  6. Are you waiting for your green card, have a 2 year card or 10 year card? That will help us a lot to figure out what you can do.

    713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.


  7. To view this email as a web page, go here.

    You should consult an immigration attorney. You may be eligible to file a VAWA petition as an emotionally abused spouse, even if he withdraws the forms. Take care.

    Richard W. Moore, Jr.
    Moore Law Group, P.A.
    2300 York Road
    Suite 213
    Timonium, MD 21093
    www.marylandimmigrationlaw.com
    410-825-1790
    Follow us on Facebook at www.facebook.com/usimmigrationlawyers
    Twitter: @Immigration2USA

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