How long it's going to take for my kids and i get our greencard, if i was only married for one year but together for five years,

i'm a Jamaican citizen my partner is a US citizen. my kids and i enter the US on a fiance on sep 21 2011 & get married 21 December. he abuse me verbally and swear in front my kids. my girls are 9 & 7. can i live him and still get my green card, help me place

Brooklyn Park, MN -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA
Answered

I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Obadan Unuigbojie Iziokhai

Obadan Unuigbojie Iziokhai

Immigration Attorney - Worcester, MA
Answered

Spouses and children of US citizen or green card holders can petition for themselves under the VAWA if they have been abused. However, not all insults or swearing constitute abuse under VAWA. The abuse must be battery or extreme emotional cruelty. What you should do is to see an immigration attorney to examine you case specifically and advise you accordingly.

Irene Vaisman

Irene Vaisman

Immigration Attorney - New York, NY
Answered

I agree with my colleague. It is possible to have a VAWA petition approved based on emotional abuse only, but the burden is much higher. Please see an experienced attorney to discuss your situation.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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