Legal Question in Immigration Law in New York

Hello ! I came in US three years ago by visa K-1 and married the petitioner of the visa. We have a 2 years old child together. my husband never applied for a Green Card for me and called an eligal alient. About a year ago he brought in the house swingers and said that he wants to have fun in the life and if I do not want to be involved that I can leave US and the child will stay with him. He stopped buy food and disconnected my cell phone ,also home phone and internet. He cancelled my bank account , cash he never left me. I am staying at home Mom plus I do not have permission to work . I am also do not drive because I do not have a Green Card .I called police and they said that my husband is mentally abusing me but I have a rights and have to be seeking for the help.

I applied with the immigration lawyer self-petition based on abuse under the VAWA.

We have got an answer that USCIS is looking for strong proofs when it will be real cruelty .Right now I am waiting for the answer from USCIS after we provided some more information to make it clear.

My question is how many chances I have to prove mental abuse and if not then what else can help me to get legal status ?

Here is some more information:

I came three years ago by visa K-1

I married a US sitizen who was a petitioner of the K-1 visa

We have a 2 years baby-girl

My husband never applied for the Green Card and forced me to leave

He put cameras inside of the house to watch me from his cell phone

He disconnected home phone and internet with TV and my cell phone

He cancelled my bank account

He is travelling for his job and when he was on his job 4 days every week, he left me $ 20 cash . Any other allowance I did not have.

He asked me to leave US and leave the child after I refused to be involved in relashionship with the swingers whom my husband met online . He payed on that site from his bank card and I printed it out . He also wrote on the swinger s site that he would bring the child to meet them if they will be agree.

He did not buy food for me and the child when the child was on breast feeding.My neighbour bought me food and I have a letters from her and people who bought me the cell phone and gave me money for the food while my husband did not do this . Police said that he was forcing me to leave the house because how long someone can stay without money and the food in the house.

About a year ago my husband applyed for divorce and we are in the process right now.

Everything what my husband did to me , I wrote down, I have letters from the people who witnessed that my husband did not buy food for me and the child, letters from people who gave me money and bought me the cell phone to support me , etc.

My child is a citizen of US and my husband does not want her to leave the country but I do not have permission to work because I do not have a Green Card , then how I can support myself and pay rent .

How I can get a Green Card without my husband ?

Thank you.

Asked on 7/20/13, 2:09 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

The Attorney you hired should be advising you on this matter, including the types of evidence you need to prove a VAWA case, such as letters from friends, relatives, clergy, etc., police reports, letters from therapists, social workers, etc. regarding the abuse you have endured.

The only way you can get a greencard, since you entered on a K-1, is by the VAWA petition. You can leave the U.S., but your husband has custody rights to your child & the Family Court will probably not let you leave the country with the child.

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Answered on 7/21/13, 11:10 am

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