Legal Question in Immigration Law in California

green card

i got married five six years ago. i dont have a green card. my marrige is not doing so good. my husband is going to jail for a year because of his achoholism he has gotten three dui. i want to divorce can i still remian in the county and get a green card?


Asked on 6/30/09, 10:47 pm

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Re: green card

Typically, the answer is no, you cannot, unless you have another ground to apply for a green card.

Why did not your husband petition for you during 5-6 years of marriage? Did he abuse you?

You might have an option to self-petition under VAWA law, but it should be discussed with an attorney who is familiar with these matters.

If you need further assistance, you are welcome to contact me at my office at Attorney [@] law-visa-usa.com

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Answered on 6/30/09, 11:04 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: green card

I'm sorry to hear of your troubles. There are two ways of doing this case: as the spouse of a U.S. citizen, but I wonder why you didn't do that yet? If there has been any cruelty, mental or physical, you may be able to file on your own without the assistance of your husband.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

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Answered on 7/01/09, 12:38 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: green card

Good Morning:

I am sorry to hear that you have been going through this.

There may be some hope if you qualify to self-petition for a green card (without his consent or assistance). You may qualify if you have suffered any emotional, physical, and/or mental abuse from him. This is a complex matter that should be discussed with an attorney, should you decide to proceed this way.

Additionally, if your husband is a Legal Permanent Resident and not a US Citizen, his crimes could affect his immigration status.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 7/01/09, 2:05 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: green card

Dear Inquirer:

You may wish to consider filing a "Self-Petition" for an abused spouse, or spouse subjected to extreme mental cruelty, depending on the facts of your case. If your husband is a US Citizen or a green card holder, this would be one way to potentially legalize your status.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a confidential consultation to discuss this matter further.

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Answered on 7/01/09, 7:43 pm


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