What happens in FL if you have a domestic vio case pending and you trying for your greencard?

Question

My husband didn't hit me, it was a big arguement. I clld the cops b/c I was crying a lot and scared, i'm pregnant. I did not make an official statment, but I was advised later that the state can pursue a case against him even if I don't want to, and it will be worse b/c I am pregnant. The whole situation was blown up. I just don't know what to expect now. I want to filepaperwork for him to get a greencard.

Answer 1

If you have an application already on file, leaving an abusive spouse will not hurt your case. He cannot threaten to deport you for leaving. If you choose to stay, his petition for your immigration will not be hindered.

If you decide to petetion for yourself, see the attached link or call the (800) number for assistance. The police report would only strengthen your case for self-petitioning.

This a direct quote from the the USCIS site:

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status.

Answer 2

Yes, they can totally persue the case. It is the officers right to determine whether or not to file further charges, regardless of whether or not you want them filed. I've never gotten in so dramatic of an arguement with my boyfriend that I had to call the cops because I was crying and scared. Regardless of whether he hit you or not, he's clearly abusing you in some way for you to have been crying and scared. I would never stay with someone that I had to call the cops on.

Answer 3

if he hasn't hit you yet and the police thought he was dangerous enough to put in jail , chances are he will eventually hit you. My advice is find a shelter and quit while your ahead because your going to have his baby doesn't give you any obligation but to be the mother of that child and you dont want to raise on in an abusive home . you need to sit down and think about what is best for you and your baby

Answer 4

Don't make excuses for his behavior. If he hit you he hit you and that's wrong. If the DA files charges against him depending on the severity, it may be a felony which means any felon is excluded from being legalized. That said, it would be difficult for the DA to make their case if you refuse to cooperate in which case the charges would be dropped.

Answer 5

you feel kind a dum***now ha , well if you don't press the issue more then likely it will be dropped all together if not to a lesser charge will not effect you filing for the I130 ,,,your beign pregnant is no issue for good or bad was he taken into custody??,,,,,,

to some of the female poster quit bashing the man maybe she started it or they are both at fault

Answer 6

Well if he is found quilty then he will have a felony on him. DV is a felony in America. So chances are very slim that he would get a green card.

Answer 7

if they end up charging him with anything, that will probably mess up his chances of getting a greencard. but i'm not sure.

Answer 8

What he doesn't have a greencard already? lmao...who does now days