Legal Question in Immigration Law in India

Hello,

My H4 is expiring in the nxt month along with my husband’s H1. I’m in India for abt 1.5 yrs. My husband has deported me and don’t know his whereabouts in USA. I want to renew my H4.

Q1: I want to know if husband extend his H1 then does H4 gets extend automatically ?

I’m sure he doesn’t want to renew/extend my visa and want to restrict my visit to USA without sponsoring H4 visa. I have come to know that husband will face legal problem for intentionally not extending H4 visa.

Q2: Will he face legal problem for not helping me with docs for renewing H4 visa?

Q3: Can I take any legal step (Domestic Violence Or Writ Petition) against him for not sponsoring visa, which is my right to have as his wife. If so then can I take it from India?

Q4: What measures I must take to extend or renew my H4 visa by myself?

Thanks.


Asked on 4/23/11, 1:27 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You have lot of rights, if used properly against your husband, can do wonders for you. The answers for your queries are as follows :-

1) No H4 visa is not automatically extended if H-1b is extended .

2) No. But you have to make out a case before his employers.

3)Yes you can file a petition under the Domestic Violence Act for maintenance and residence against your husband and his family. You can also file a complaint before the Crime against Women Cell against your husband and his family.

4) You can trouble him by making a complaint in India and informing his employers about a criminal complaint. Has his company sponsored him for Green Card ? How many days or months your stayed with him in USA ? Did you file any Police complaint against him in USA ? Where and when did you get marry? Please clarify.

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Answered on 4/23/11, 1:56 am


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