Legal Question in Immigration Law in Iowa

immigration

i am victim of domestic abuse and my green card is still on 2 years cconditional. Do I need to divorce my husband inorder for me to work on the removal of the conditional?

my other question is, my son who is now 19 years old was petitioned by my husband when he was 17 years old. His petition was approved in December 2008 but he is still waiting for his visa. what would happen to his petition after all these crisis that i am undergoing.


Asked on 2/12/09, 11:52 am

2 Answers from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: immigration

You may apply for the waiver whether or not the marriage has been terminated or not. Your child may also qualify as a derivative beneficiary as the child of a battered spouse. Since you are in South Florida, please feel free to call my office for an appointment.

Regards,

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Answered on 2/12/09, 12:08 pm
Rebecca White Law Office of Rebecca White

Re: immigration

Your first priority needs to be your safety. You can leave and divorce your husband (or just leave and deal with the divorce later) and still maintain status. You do not need the divorce to be finalized to remove the conditions on your status. Your son can also still obtain a visa. Please contact my office directly if you would like to discuss your options.

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Answered on 2/12/09, 2:57 pm


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