My girl-friend's I-751 is pending. She filed it on Dec 27, 12.
Her husband is verbally abusive to her. He controls all financial matters and won't give her money. He treats her like a slave. He also cheats on her. They constantly fight. My friend does not want to spend nights at home. She and her son either spend it in a sauna, or friend's place.
Last night there was an incident that involved her husband's drug addict son. There was some kind of conflict. She called the police. The police came and did not do anything. She is now hiding with her son at her friend's house. She wants to know if she divorces him now, can she still get her green card and her son keep his?
Thank you. She is looking for a very good attorney who worked on divorce complicated I-751.
based on your description she should look for a good immigration attorney. Yes, she would be potentially eligible for VAWA protection and thus keep her GC and that of her child.
Divorce / Separation Lawyer
Your question may have more to do with citizenship than it does divorce. Reroute your question to Avvo's immigration attorneys.
I agree with my colleagues! A good divorce and immigration attorney is required to assist you and protect your legal rights. You should be able to remove your conditions from green card because you may be qualified to file as a victim of abuse.
She can still file the I-751 with waiver of the joint petition as long as she entered into a good faith marriage. She must aubmit her divorce decree with the petitioner to remove the condition. I suggest you work with an immigration lawyer on this matter. .
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Yes. She can divorce him and still get her green card if (1) her divorce is final at the time of the interview, or (2) she can demonstrate extreme cruelty at the time of the interview. Your girlfriend can seek a waiver of the joint I-751 based upon her spouse's extreme cruelty. I suggest she submits supplemental evidence to the USCIS (submit the copies and bring the originals and all of the other documents to the interview). She can still get her green card without her husband if she has documents to demonstrate this cruelty, including but not limited to police reports, protective orders, applications for divorce, photographs, and NOTORIZED statements from people who are familiar with the abuse. She should be prepared to bring all of these documents to the USCIS interview.
This advise does not create an attorney-client relationship.
It does not sound that complicated, if she wants a divorce she can file for one based on abuse. Moreover, if she has evidence of joint residence with the spouse, there should be no problem getting the I-751 approved.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.