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Can I sue the one who filed for an affidavit of support for me before I got my green card due to abandonment and divorce?

Huntington, NY |

My soon to be ex-husband petitioned me to be an LPR. He filed an affidavit of support together with his mom for me. I am a victim of domestic violence abuse and he kicked me out of our house and he also filed for divorce. I've read that I can sue them for cutting off their support. How do I do that and which court should I file it with?

Sorry to add this late... I have been an LPR for 8 years now. I am planning to obtain US citizenship soon. If I file for citizenship, would I still need my soon to be ex-husband?

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Attorney answers 4

Best Answer
Posted

I think you may have a claim based on the affidavit of support

See this article for details

http://www.ilw.com/articles/2006,0110-wheeler.shtm

Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/

Posted

You need to be resident for 5 years to be eligible to apply for citizenship. You have been a LPR for more than 8 years, so you meet this part of the requirements.
As to the affidavot of support, no you cannot sue him for the affidavit of support. The affidavit of support is a contract between your husband and the government not you.

Good luck

Elkhalil Law Firm, LLC
Hassan Elkhalil
www.greencardusa.com
(770) 612-3499

Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.

Asker

Posted

Thank you for the quick reply. I forgot to add that I am currently applying for public assistance at our local social services. Social Services will run after them?

Posted

You can not sue his based on the Aff. of Suport, if you have other grounds there is not enough detail, if he caused you physical injury you might be able to sue for that. Consult a civil attorney that is not an immigration issue. However if you are eligible to adjust to citizenship you definitly should.

http://www.azduifirm.com/Immigration_Lawyer_Arizona.html

Posted

You cannot sue based on the affidavit of support. You should have asked for everything during the divorce. Sorry.

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