I have a close friend that is an immigrant..she was brought to the U.S. when she was 6 years old and was raised here. Her parents petitioned for her to become a resident of the U.S. unfortunately sortly before she could get a response from immigration she got married to a U.S. Citizen who's a Soldier; and that petition filed became invalid. She has been having it rough with him...there has been some violence the military police has been called but they only seperate them for about 72hrs....she has been wanting to leave her husband and divorce him..they don't have any children together and they will be married 3 years this June... She is affraid to leave him because of her Immigrations Status. Her husband has never petitioned for her to become a resident either.
My question is does anyone know if she has any rights? Or if she will be deported if she files for divorce?? If so where can I find this info. Any answers on this topic are Greatly Appreciated! Thank You!
2007-03-16 21:55:38 · 6 answers · asked by LuLu 3 in Family & Relationships ➔ Marriage & Divorce
She started 1st grade here and got her High School Diploma...she has a clean record and has been a good person to this country
2007-03-16 21:56:56 · update #1
Since there's been domestic violence, she can self-petition as a victim of domestic violence thanks to the Violence Against Women Act. Have her contact the nearest domestic violence shelter for more information.
2007-03-18 10:23:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Even an illegal immigrant has some rights in this country. The first thing she should do is speak with an attorney. He should be able to tell her where she stands in terms of divorce and her immigration status. I'm certain that an attorney, even if he doesn't know precisely where she stands in terms of her immigration status, he can point her in the right direction of what she needs to do. If she is indeed here illegally, she will probably have to go back to her country of origin but I don't know that.
As the wife of a soldier, I'm pretty sure she can see a military attorney (JAG-Judge Advocate General) for free.
2007-03-16 22:23:52 · answer #2 · answered by Anonymous · 1⤊ 0⤋
If her husband is a soldier, he is more likely to be in trouble for neglecting her status. If she is not a resident, what kind of VISA does she have? She has been in the states for long period of time and chances are she can be eligible for residency.
But you said her parents petitioned her? How old was she when they petitioned her?
Tell her to go to ACS, IG or the JAG office to get answers.
Also, she can visit the US embassy and they can walk her through.
Its just a matter of knowing who is in charge and what she can do about it.
She is a military dependent, therefore the military regulations/rights are applied to her.
2007-03-16 22:24:37 · answer #3 · answered by phlegm1134 1 · 1⤊ 0⤋
Of course she has rights (don't listen to the idiots who have already replied to this question.) Under the Violence Against Women's Act (VAWA) a number of protections were put in place to help women in her position. What she needs to do is contact a domestic violence center in her area and they can help her figure out what to do. They may also be able to put her in touch with a group that supports immigrants rights. Unfortunately, enough American men have tried to take advantage of non-citizen women by controlling their immigration status that there are a number of laws that had to be put in place to protect those women.
What she should focus on first is safety. She doesn't need to file for divorce to get away from him and to a safe place. Once that is accomplished she needs to start contacting groups to find the services to help her. There may even be help through the US military.
Good luck.
2007-03-16 22:13:05 · answer #4 · answered by CV 3 · 2⤊ 0⤋
i know what your going though my ex husband is a immigrant and we went thought the same thing... If she does not have her green card ( at least the 2 year one) then there it is possible for her to have to go back to her country and if she has her 10 year card then shes more then welcome to stay....... Tel your friend that i know what shes going though and that if she needs any one to talk to she is more then welcome to Email or IM me at NMzibri and thats at yahoo
2007-03-16 22:03:57 · answer #5 · answered by Nicole M 1 · 2⤊ 0⤋
Good anwser skinny, I concur
2007-03-16 22:01:43 · answer #6 · answered by aucf61 1 · 0⤊ 3⤋