Legal Question in Immigration Law in New Jersey

I am so sorry to hear that you are being abused by your husband. Yes, you may be able to protect yourself and your children. Depending on the facts, You and your older child may be able obtain permanent resident status in the US (Green Cards) by self-petitioning to U.S. Citizenship and Immigration Services if your husband is a U.S. citizen or Green Card holder and if your husband is not a U.S. citizen or Green Card holder, then you and your older child may be able to obtain U status and seek permanent residence after you've been in U status for three years.

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA. Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status.

If you husband is not a U.S. citizen or Green Card holder, you may still be able to obtain permanent residence after you have been in U status for three years. Congress created the U nonimmigrant visa which was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

Good Luck,

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