Legal Question in Immigration Law in New York

My wife and I came to u.s.a. from India. I am on a h 1 visa and my wife is under me but we are getting seperated and my wife is going back to India. There is a lot of gold at the deposit box that we both have to sign for in India I will never go back to India. Her family is threatening me with harm if I go back to India without giving my signature to get the gold back to her family. Now I know it is simple just to sign over gold for her. I am afraid that even if I go back to India to give back gold they will harm me anyway. Is there any visa or way I can stay in u.s.a if my H 1 visa does not last in u.s.a or any other visa I can transfer to now because of the threating by her family.


Asked on 9/29/10, 7:18 pm

1 Answer from Attorneys

Dianne Brooks The Mandel Law Firm

Under certain circumstances you may be able to obtain a green card, depending on exactly what you do and who your employer is. If you are being threatened with bodily harm and you have concrete proof that you will not be protected back in India you may have a shot at asylum although this is quite difficult, you really have to show that you will be persecuted. So your best bet is Adjusting Status, but, again, since I have no idea what you are doing here, what your background and skills are, it's hard to say.

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Answered on 10/04/10, 7:37 pm


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