Legal Question in Immigration Law in New York

I entered the us legal married to a citizen 12yrs and still married but not living together anymore cause he don't want to sponsor me is there anyway I can get my green card

Asked on 12/05/16, 8:45 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, your cannot obtain U.S. legal permanent residency through marriage to a U.S. citizen if the spouse does not want to petition you, unless you have been abused (physically, mentally, emotionally) by your U.S. citizen spouse, in which case you can self-petition. If you plan on filing as a "battered spouse" under VAWA, I highly recommend you seek legal representation, since a denial of your application could put you in Removal proceedings. Good luck.

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Answered on 12/05/16, 10:37 am

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