Legal Question in Immigration Law in Alabama

I was forced to leave the country by family members before and I did. I was beaten by family members and forced in mental hospital in India. Now they have brought me back to America. I am going to mental health for counseling in America. And my counselor say I am making story up. I was a adult than and a adult now. Also family members refuse to give me my passport and immigration documents to me when I was in America. Any legal advice what to do if this happens again in America? I don't won't know about India legal advice because there no hope in India.

Asked on 8/21/21, 11:06 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

While this is NOT an immigration issue, although your father could clearly be deported & your mother should have brought you here on an F-2 visa, this sounds like more of a criminal matter to me. It depends on the laws of the State in which you are living. There could be potential child abuse & false imprisonment issues. I would contact your local police department.

Once you turn 18, your parents cannot force you to do anything while you are in the United States. However, you will start to accrue unlawful presence & then you could be deported. If one parent was a U.S. citizen, you could file for VAWA. I don't see that you have any eligibility fort a U visa. Having an awful family is not grounds for an asylum claim.

It sounds like a terrible situation, but I don't think there is anything that the U.S. immigration laws can do to protect you. Once you turn 18, if you marry a U.S. citizen, then you might have eligibility to file for a "Greencard" (depending on other eligibility/ admissibility factors, as well).

If you are in school, I suggest you speak with a school administrator to see if they have any suggestions to assist you with your terrible predicament; you can contact the Police Dept.; you can try to file for your own F-1 visa (assuming you can get a student loan, or you have a job to show you can financially support yourself). I hope you can find some option to get you out of this situation.

Good luck!

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Answered on 8/22/21, 9:40 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Sorry, I may have gotten your question confused with a similar on from MA. What is your parent's immigration status? What is your age?

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Answered on 8/22/21, 9:43 am

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