Legal Question in Immigration Law in New York

My brother is married to a citizen and have two kids with her. They were living on my mom apartment and the wife assaulted my mom then left. The next day she come back threading her and my the sister that she were going to killed us. She then came in with a screwdriver we got into a fight she got a cut in her head and stated that my mom hit her with that which is not true. My mom and her got lock up and left because no one press charges. The next day she is out she called domestic violence and filed a claim against my mother. My mom and brother are still not legal in this country. What can we do?. The wife also has a felony case. I called the police the day of the fight but I decline to press charges against her because she threath me and hit me. How long do I have if I refused t press charges against her to reopen my charges?. My brother doesn't like to but he is also a victim cause she is saying that she will not rest until we are all deported, incarcerated or dead. And that we won't see the kids again.

Any advice

Asked on 8/07/13, 10:59 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your brother should contact the police if there is violence going on in the house. He can obtain a restraining order if she is violent or threatening violence or death against him.

As for the immigration aspect, your brother can file a VAWA petition if he can prove that he is being abused by the U.S. citizen spouse, which is where police reports & restraining orders come into play. However, this will not have any affect on your & your mother's immigration status. If you both are victims of a crime, or witnesses to a crime, and assisting law enforcement with said case, then a "U" visa is a potential option.

As for the custody issues with their children, he should seek immediate advice & assistance from a family law attorney.

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Answered on 8/08/13, 2:58 pm

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