My aunt is an illegal immigrant who married a resident man and now after years she finds out he's cheating and he's never home always saying he's in Boston working and then verbally abuses her. They have their cars and the house in both their names and they have a 6 year old kid as well. What would happen if she would file divorce? Would she get deported? Can she get custody of her son? Can she file for child support? What would happen to the cars and the house?
Talk to a lawyer. Your aunt may be able to become legal with the VAWA law. Talk to a lawyer.
Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law - firstname.lastname@example.org
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Your aunt needs to retain the services of an experienced immigration attorney and a family attorney. She needs to protect her rights on both fronts--her immigration status and her rights as a spouse and mother. ALSO--help her to document her good faith marriage NOW and any abuse she is suffering. Often, the abusive spouse (or the one caught cheating) will hide or destroy evidence that would help the spouse who needs to gain immigration status. I am glad your aunt has you to help her through this situation. Your aunt really needs to consult with an attorney. Most immigration attorneys who practice family-based immigration can offer a referral to a family/divorce attorney. Remember--make copies, document everything (keep these items in a separate location than the place your aunt lives). She needs to be pro-active to protect her rights. Good luck!!
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