Skip to main content

Is it possible for me to get some sort of visa or permit to be in the united states legal and be able to get a driver license?

Delano, CA |

Iam currently fighting for the custody of my 3 children. the case is unfair because my ex husband is is using the fact that Im illegal and I have no driver license for transportation of our children. I have no family here where I live, so its hard for me to get someone else to drive other than my current fiancé who is working most of the time. I have history of domestic violence with my ex husband. there was multiple times he hit me but I only called the police once. there's a report even though he lied and said it wasn't true, he still spent 3 days in jail. He always threaten to call the immigration on me if i left. one day i couldn't take his abuse anymore so i left him. i really need to fix my immigration status for the best of my kids. im tired of being scared because of that.

I have no bad record. I was brought here illegally by my mom when i was 6 years old, iam now 23 years old. please any advise will help. I am tired of being threaten by my ex husband because of my immigration status. I don't have a high school diploma but I attend adult school occasionally when im able to.

Attorney Answers 3

Posted

Is your husband a US Citizen or Permanent Resident? If he is, then you might be eligible to file a self-petition for a green card under the Violence Against Women Act. If you are successful with that, you will eventually become a permanent resident (green card). Please consult with an immigration lawyer about it.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

Mark as helpful

3 lawyers agree

4 comments

Asker

Posted

yes my still current husband is a permanent resident, if i file under the Violence Against Womens Act, im i at risk of getting deported if i don't qualify? thank you

Michael Hugh Carlin

Michael Hugh Carlin

Posted

Please consult with an immigration lawyer or immigration legal clinic near you. Thank you.

Asker

Posted

I will.. thank you so much for your answer

Michael Hugh Carlin

Michael Hugh Carlin

Posted

You are most welcome. Best of luck. Please keep safe.

Posted

I am sorry to hear about your prior abusive relationship. Do you have a final divorce decree? If so, then maybe if your fiance is a US citizen he can file paperwork for you after you get married. It is best to consult an immigration attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

2 lawyers agree

5 comments

Asker

Posted

my divorce is not final yet. i filed last oct 2012. my fiancé is a US citizen, and if it helps, he is a school teacher.

Alexus Paul Sham

Alexus Paul Sham

Posted

So you have two options. Prior to your divorce you may file for VAWA which may make you eligible for a green card. Or once your divorce is final, you can marry your fiance and have him file for your green card.

Asker

Posted

sorry for all the questions but which option would you recommend I will be faster and easier process? I am desperate, I don't want to loose my kids

Alexus Paul Sham

Alexus Paul Sham

Posted

It depends on the documentation you can provide showing the abuse. You should apply for DACA if you are only 23. The fact that you entered the country illegally will create issue for you.

Asker

Posted

thank you so much for your answer. ill look into that DACA. I hope I find a solution soon.

Posted

I assume that you're over 31 and/or entered the US after you turned 16 .. therefore, DACA can't help you.

Talk to your local non-profit immigration center.

If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

1 found this helpful

1 lawyer agrees

4 comments

Asker

Posted

iam 23 years old and i was brought here illegaly but my mother when i was 6 years old.

F. J. Capriotti III

F. J. Capriotti III

Posted

You MUST meet with an attorney and talk to him/her about DACA .. you could have gotten a work permit by now. Even if you don't have much money .. there are non-profit groups that will help with your papers.

Asker

Posted

thank you so much for your answer. its greatly appreciated. I will look into that DACA as soon as I can.

F. J. Capriotti III

F. J. Capriotti III

Posted

YES ... look at this page for basic info: http://www.capriotti.com/Deferred_Action.htm

State, local, and municipal law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics