1. hi my mother-in law told me to kill me and tried to hit me and my infant baby with the rocks.. does it consider as an assault?if it so, is there any penalties?
2. I am conditional green card holder through a marriage.I just don't feel safe if i continue living with my husband because of his mom. What if i decideto divorce him am I able to keep my green card? Furthermore what will happen with my one months old baby? please give me some advice. Thank you
Assault is typically defined in Washington under tort law as placing a person in reasonable apprehension of an imminent battery (harmful or offensive contact). Technically, this sounds like it would be an assault, but that doesn't imply that pursuing an assault action would provide any meaningful relief.
You will want to speak with an immigration attorney to confirm your options regarding dissolution. Conditional permanent residents usually must remain married for two years if you are a permanent resident through marriage. There is an exception for victims of domestic violence and the like to permit dissolution without sacrificing the "green card."
Myself and most other attorneys making statements on Avvo are not giving legal advice, but are trying to assist you by providing generalized statements of the law. If you do wish to pursue a claim against your mother-in-law and husband including assault, seek a protection order, dissolution, etc you should contact an attorney to review the particulars of your case.
Any opinions, remarks, statements, or implications thereof made by me do not constitute legal advice. Such opinions, remarks, statements, or implications thereof are meant only as general statements of the law. Laws and regulations are in constant flux. The giving of legal advice requires a careful examination of the specific facts of an individual case beyond what is possible on AVVO.com. Previous results do not guarantee future results will be similar. No attorney-client relationship is formed by my use of AVVO.com.
If you divorce, you will need to file for a waiver of the joint I-751 and will need to prove that you entered the marriage in good faith.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
If you don't feel safe you can leave or divorce your husband and still keep your greencard, you will just have to file for a waiver of the joint filing when it comes time to apply to remove the conditions on your greencard. When you divorce you and your husband and a judge will come up with a parenting plan to see who will have full or partial custody of the child. You will need to work with an attorney both on the immigration matter and the divorce matter.
Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.