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Iwould like to know I married a us citizen, he filed for me and we missed my appointment they sent me a deportation letter.

New York, NY |

Six months ago. So we were planning to re file he has become abusive and even move out on me. Do I have to divorce him and return to my country.

Attorney Answers 4

Posted

No, you do not have to divorce, but you may want to consider it in the near future. You may soon be able to file a VAWA Petition. Contact a competent and experienced immigration attorney. This petition and adjustment may allow you to stay.

However, more information is needed. What sort of deportation letter? If it simply warns you that you cannot stay, since the adjustment is denied, then the letter is a general warning. The fact that you may apply for VAWA Relief when it is approved and extended by Congress creates another way to file for adjustment, where you are eligible.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

I agree with my colleague; I would add you have to show at a minimum "extreme cruelty" as well as several other factors. You must have good moral character, must have resided with your spouse, and if you get divorced you can only qualify if you file before 2 years after the divorce becomes final. If by "deportation letter" you mean a notice to appear in immigration court, then you can raise the issue before the Immigration Judge and you would also have to first file a self-petition with USCIS. Consult a good immigration attorney immediately who handles such matters, especially if you are in proceedings before the Immigration Court. If you already have a removal order, the issue could be raised either through a motion to reopen or possibly motion to remand, your attorney will discuss with you.

No attorney-client relationship is created or implied by this communication in any way. Consult a competent immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).

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2 comments

Ann Elizabeth Block

Ann Elizabeth Block

Posted

I agree, but would add that you need to act quickly -- because if you actually have a removal order, your time is limited in which you can move to reopen your case. It is more likely you have a general letter telling you to voluntarily depart, but that means that you could soon receive a notice to appear in court, or a visit from ICE to detain you and place you in removal proceedings.

Geoffrey Alan Hoffman

Geoffrey Alan Hoffman

Posted

I agree - That's why I used the word "immediately"

Posted

Absolutely not. You are lucky to be a woman in the US (and not a man in the same circumstance.)

As my esteemed colleague already mentioned, you will be able to soon obtain your green card based on the "Violence Against Women Act" also known by its popular acronym of "VAWA".

Seek a consultation immediately with a competent and experienced immigration lawyer in your area who will analyze your circumstances and come up with the best plan of action for preparing the VAWA case, after which you should obtain a green card without anyone's help or sponsorship, on the strength of the abuse you suffered..

Start by putting down into a personal diary everything you went through with your estranged husband, The sooner the better, for later you will have forgotten some very important details otherwise. Do it while your memory is still relatively fresh!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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