Immigration issue - abusive husband

Asked over 4 years ago - Greensboro, NC

We have been married for about 14 months and we filed the I130 & I485 soon after we got married, we went to the interview in September of last year. We have not heard anything since then. My husband who is the US citizen has a criminal conviction back in 2002 that surfaced during the interview. Anyways, everything was going very well for few months but later my husband started drinking heavily and started threatening me saying that he's going to complain the immigration that I am using him etc for immigration benefits. He also accusing me of trying to kill him, which is an utter lie. I am really fed up of this, can I ask him to leave the house? if the immi offices pay a house visit, what should I do? What legal measures can I use to secure a greencard?

Additional information

I have threatening letters/notes, voicemails, witnesses as proof. I have not asked him to move out yet, but I know when I do, he's going to go crazy. At that time I will be calling the cops. I am planning on moving afterwards and even transfer to a different workplace with in the same company. Would this be enough evidence? What other facts do you require? Thanks

Attorney answers (2)

  1. Philip Alan Eichorn

    Contributor Level 19

    Answered . You should retain counsel at this point to properly advise you. Based on the nature of the circumstances you've presented, you have some significant issues that need to be reviewed by a skilled attorney. Additionally, there are likely to be facts that you have not presented that are relevant to the determination as to your best interest. You may be eligible for some VAWA benefits. Please don't wait nor spare expense. Your safety and your rights have no price and should be tended to immediately.

  2. Alexus Paul Sham


    Contributor Level 20

    Answered . Need more facts. Based on the limited information you may be eligible for VAWA which would allow you to apply for your green card without your husband. However you would need to show either physical or mental abuse. I strongly encourage you to consult an attorney.

    Alexus Sham
    Sham & Stamatin LLP
    353 W. 48th Street, 4th Floor
    New York, NY 10036
    (917) 498-9009
    F (646) 619-8095

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