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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