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Asked 12/12/2011

Could I be a Self-Petitioner for a Green Card Under VAWA because of my harsh situation?

My husband was accused for child molestation and sentenced for 20 years of Jail time 5years ago.
Since he is innocent, we tried to appeal to a higher court with expert witness who prove my husband's innocene. However, the case was dismissed in last month. Recently, my application for permanent residency was denied because of his criminal sentence. Immigration said my husband cannot be a petitioner for my family based permanent resident application.

My Work Authorization Card is expired in this month and I could no longer continue to work.
We have 2 children who have U.S. citizenship. I have been in US for 15 years and never violated any law.
I have been supporting 2 children for 5 years without any support from my husband. However, if I could not obtain permanent residency, I do not know what to do.

Even my husband is not violent against me, my situation is very abusive. My husband keeps saying "Everything is all right" but, I cannot obtain my permanent residency and what should I do in real.

Could I be a Self-Petitioner for a Green Card Under VAWA because of my harsh situation?

 
 
 
 
Answers

Answer 1/1 - Submitted 12/15/2011

I am very sorry to hear about your situation that you are in - I think that the legal system in the US is very flawed and backwards for this day in age. Unfortunately, to be a self petitioner for a green card under VAWA you do have to be the victim of abuse from your husband who has to be a US citizen.

The best thing you can do is obtain legal advice from an immigration lawyer. There are also many informative sites out there that may help you on your path to getting your green card. I truly hope that you find a way, as it's not fair that this has happened to you and your family....

I wish you luck and hope everything works out in your favour.

 
 
 
 
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