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How long it's going to take for my kids and i get our greencard, if i was only married for one year but together for five years,

Brooklyn Park, MN |

i'm a Jamaican citizen my partner is a US citizen. my kids and i enter the US on a fiance on sep 21 2011 & get married 21 December. he abuse me verbally and swear in front my kids. my girls are 9 & 7. can i live him and still get my green card, help me place

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Filed under: Immigration Green cards
Attorney answers 3


Spouses and children of US citizen or green card holders can petition for themselves under the VAWA if they have been abused. However, not all insults or swearing constitute abuse under VAWA. The abuse must be battery or extreme emotional cruelty. What you should do is to see an immigration attorney to examine you case specifically and advise you accordingly.


I agree with my colleague. It is possible to have a VAWA petition approved based on emotional abuse only, but the burden is much higher. Please see an experienced attorney to discuss your situation.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.