I entered US on J1 visa which expired Oct 2005, and I became pregnant and applied B2 visa which also expired Apr 2006. My son was born Dec 2005 and I married a permanent resident Feb 2006. Since we didn't have knowledges and money,we couldn't file my green card at that time. My husband applied for naturalization and he petitioned I130 for me Oct 2009. I130 was approved Oct 2010, but I never get an approval notice because of the post office's fault. My husband told me that the reason why his case is taking so long is an identity theft in the past. While I patiently waited for the approval, he cheated on me twice and made them pregnant. I was devastated. I haven't been to my home country for 7years, can't work, can't drive car. Is there any way I can get a green card sooner?
I agree with the other attorneys that to self petition under VAWA (Violence Against Womens Act) you will need to show abuse or extreme mental cruelty. Mental cruelty usually includes some kind of desire on the part of your husband to be intentionally hurtful. A good attorney is going to be able to ask you the kinds of questions to see if the facts in your case rise to the level of extreme mental cruelty or was your husband just a jerk. Unfortunately there is no visa for you for having married a jerk. If you're saying that this marriage is no longer viable, then the only answer is to self petition under VAWA, but I'm reserving judgment as to the success until I hear more about the facts.
At the out set, I would suggest speaking with a qualified immigration attorney in your area. Based on the info you provided there is no verifable way that I can tell you that you would qualify or not. But, the I-360 VAWA is not easy and does require documentation, having a philanderer for a husband would not be sufficient. I strongly urge you to speak with qualified immigration attorney, remember you have rights too.
My colleagues have provided excelelnt advice. It is very possible that you qualify for relief under VAWA but it is necessary you contact an experienced immigration attorney or BIA approved agency who can reviw the facts of your case and provide you with a legal opinion as to your options. Good luck.
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