1) immigration requires the following to allow the individual to adjust on their own without the joint petition,,,
" 1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith and have remained married, but you have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
4. The termination of your status and removal would result in extreme hardship."
One email is not enough.
"1. Evidence of the abuse, such as copies of reports or official records issued by police, courts, medical personnel, school officials, clergy, social workers, and other social service agency personnel. You may also submit any legal documents relating to an order of protection against the abuser or relating to any legal steps you may have taken to end the abuse. You may also submit evidence that you sought safe haven in a battered women's shelter or similar refuge, as well as photographs evidencing your injuries; and
2. A copy of your divorce decree, if your marriage was terminated by divorce on grounds of physical abuse or extreme cruelty."
He is using the courts to gain further documentation
2) Emails of the nature you have may not overcome a threat... The best thing you can do is get an attorney. You do not want to go this alone. Youwill need agressive representation to fight it and establish there was no abuse.. There are legal ramifications beyond this case for you. Fighting this and being exonerated hurts him a lot for the fraud...dont wait find a go od attorney now...
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
You'll want to obtain a free consultation from a San Diego County defense attorney prior to the restraining order hearing. Depending on the facts of the case, you may be able to oppose the issuance of a restraining order, but you should have a defense attorney with you to ensure you don't do or say anything that could lead to a criminal prosecution, or possible negotiate a lesser alternative to an actual restraining order.
Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
It sounds like you have a lot of evidence and explanations. Obviously you don't want the permanent Restraining Order granted. Therefore, you should hire a family law attorney or criminal defense attorney to fight for you at the permanent Restraining Order hearing.
Seth Weinstein, Esq.
Practicing throughout Southern California
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Also, if you've been accused of DV you'll need a local Avvo criminal defense attorney to defend you in the DV case. If you end up pleading guilty in the DV case, the restraining order, and a host of other penalties, will be coming your way. Most of us offer a free consultation.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
Hire the best, locally experienced, defense attorney you can afford to assist.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
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