Hi my name is swetha. I am on h4 status currently. My husband served me divorce papers out of the blue. As soon as divorce is finalized I should leave the country . I have a 4 yr old girl who is a us citizen.. I would like to apply for u visa .. there is mental abuse and domestic violence . But never called 911 or informed any one in the fear of loosing my dependent visa.. what are my chances to apply for it??
Meet with an experienced immigration attorney and also a divorce attorney to protect yourself and your daughter.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
To will need a divorce and an immigration attorney who will work together. Start you calls tomorrow. There may be difficulties if your homeland is not a signatory on a number of international conventions regarding divorce and child custody.
To the PROSPECTIVE client, please review my efforts to assist by quickly and frankly responding to your question with AVVO. Also, please realize this PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. As the response is based on very limited information it MUST NOT be relied upon as the basis for action or inaction. If you are seeking legal advice which you can and should rely upon you will have to engage an attorney, provide all of the facts in detail and answer their questions. My response does NOT establish an attorney-client relationship. That may only be established by mutual agreement, and the signing of a written retainer agreement, which will require payment for our services. Providing counsel and representation is what we do for a living and, just like you, we must get paid for our work.
Protect yourself. Put you and your daughter first. Call police the next time there is an incident of domestic violence. Or at the very least consult a familgly attorney and seek an order of protection (restraining order) describing in detail the domestic violence. Without some legal authority documenting the violence - police, family court, etc. - your chances of getting the U Visa are next to nothing.
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