I met him 2007 when I came to America as an exchange student, then went back to Germany, came a couple times to visit him and my friends here. At my last visit 2009 we decided to get married. After we got married in March 2010 and moved together the abuse started slowly. I found out that he sells drugs, takes drugs, has no license, cheats on me and lies to me etc. We start arguing every day. The phisical abuse went so far that I had to call the police one day because I was so scared of him. He was on probation for one year and has domestic battery on his record now. We tried to work it out again but the abuse started slowly again that I had to put his stuff outside and him too. I havent applied for the greencard yet and Im scared to apply by myself. What can I do?
You need to protect yourself first; then see if you qualify as a self-petitioner under VAWA. You will need to show that the abuse rises to an extreme level. Typically you will need to get a professional assessment from a psychiatrist or psychologist.
713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.
I agree with my colleague. It is very important that you are safe before you worry about the immigration issues. He is correct in that you might be able to file for VAWA. You can find more information about this type of status on uscis.gov. There may also be local non profits that can help you with the paperwork.
This response is intended to provide general information and an attorney-client relationship has not been formed as a result of this post.
I agree with my colleague.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
You might be eligible both for VAWA and U visa, though the first seems to be a better option for you. Discuss this issue with a lawyer as soon as possible.
I agree that first you need to protect yourself. Then seek professional advice about whether or not you can file under VAWA or otherwise. I would seek a lawyer with significant immigration experience who is also a member of AILA.
You are welcome to contact me for assistance on the VAWA application.