Hi, I am a British national who finds myself in a concerning situation and I'm hoping that someone will be able to assist me with some advice.

I am in the process of applying for permanent residency via my husband who is a US citizen. My application is still being processed; I have received my EAD and advance parole but have not yet had my interview.

My husband and I have been married since Dec 2007 and we have a 4 month old daughter. Unfortunately my husband has recently developed a problem with drugs and gambling with obvious detrimental effects on our relationship. I want very much to support him through this and am doing everything I can to try to help him overcome these problems so that we can move on as a family however it has reached a stage where I feel it would be irresponsible of me as a mother not to at least consider the implications of our separating.

What I am wondering is; what happens to my daughter and I should my husband go to prison; what if any state assistance are we entitled to given my immigration status?

Similarly; what would happen if I had to leave because of violence or threats of violence. What effect would this have on my immigration status at each stage?

Obviously this is worse case scenario stuff; I’m very much hoping that we can get through this together but I would like to feel informed as to what my options are if this proves impossible. I want desperately to avoid having to return to the UK but I would also like to avoid becoming illegal myself obviously. I would be most grateful for any advice / guidance.

Thanks!

You are not eligible for state and/or federal assistance for yourself. If your daughter is a USC, then she is entitled to medicare, food stamps, a monthly stippence and perhaps lower childcare costs so you can work.

If he goes into a rehab, you will be able to get social security disability payment for the time he is in rehab for your daughter at the very least.

Printout the I-485 again and read the instructions for the VAWA section. Gather the required documentation listed there. Follow the guidelines given for documenting your husband financial, physical and mental decline. His gambling and addiction are grounds for applying for adjustment of status under VAWA. You do not have to be divorced or even physically separated to apply for residency under this act. You do need proof of his problems.

Thanks. Your speedy response is much appreciated! I'm hopeful it won't come to this but it's comforting to know more about what I'll actually be facing in the event that it does.

Thanks again