jammydogger

I apologize in advance its a really long story.

My sister had a 10yr American visa, she used to visit the US alot and see her now husband. She moved to the UK and was in the middle of getting a work permit. Then she found out she was pregnant and her boyfriend ask her to move back.

She got married in 2001 in America. She now has two kids and her husband refuses to help her get a green card. He keeps saying he's gonna do it and nothing happens and its 9years now. She's overstayed and her visa expired. Both her kids are American and she can't take them out the country without his permission and she's not gonna leave her kids.

She wants to get a divorce but he keeps threatening to take the kids because she has no status in the country. She hasn't been working or anything. She's stuck at home because she has no right to work.

I was looking on US Immigration site, i was wondering if anyone knows anything about applying for a green card under battered spouse. I'm wondering if that's just a broad term for victim of domestic abuse. She's just too scared to leave him because she think's she gonna lose her kids. She needs a way out of this madness without him threatening her.

Any help would be appreciated
Also she's not a British Citizen, so no help on that front.

ian-mstm

There are 2 separate issues involved here - divorce and immigration. Your sister needs two attorneys... one to handle her divorce, and another to handle her immigration issues. This is not a DIY project.

Over the years, we have seen several successful VAWA filings (there's a handy search feature near the top right of the page) so start there. Threats of removal (deportation is no longer used) qualify - but she'll likely need proof for a successful filing.

Other than that, I'm not sure there's much more we can offer... except our hope for a speedy resolution.

Ian

Rete

It would be easier to respond if you were to get your sister to register on BE and ask her questions directly. There is information in your post that is not making sense, i.e. "My sister had a 10yr American visa, she used to visit the US alot and see her now husband. She moved to the UK and was in the middle of getting a work permit. Then she found out she was pregnant and her boyfriend ask her to move back".

Even with a 10 year visa, she was not allowed to live in the US for 10 years at one time but only until the expiration date stamped on her I-94 by the agent at the POE.

Your sister might have the opportunity to file for her own adjustment of status under the VAWA as an abused spouse. She most certainly could use the assistance of a good immigration attorney to advise her. If she cannot afford an attorney, she or you can look on the www.uscis.gov site for a pro bono attorney to assist her or perhaps Catholic Charities which also assists immigrants in the adjustment area.

Good luck to her.

jammydogger

Thanks for replying, sorry i'm not making sense.

My sis is not internet savvy hence me doing the leg work.

With regards to the 10yr visa, she's only only ever visited for 3-6 months periods in the US. She moved over to the UK a year after I did which was November 2000. She in the process of getting a UK work permit when she realised she was pregnant. Which was nearly 5mths after she left the US.

After she told she told her husband he wanted her to move back to her America and then they would get married and she could live there permanently.

Rete

So she was very far along in her pregnancy when she returned to the US with the clear intent to immigrate.

She still needs an attorney for both immigration and divorce. Someone posted not all that long ago with a scenario just like your sister's. Perhaps you might want to have a search for it and see what transpired with that case.

ian-mstm

How long has it been since she last entered the US? A year, 5 years, 9 years? You (and she) need to know that if her overstay has been more than a year, she is subject to an immediate 10-year ban from the US the moment she leaves... so it is absolutely vital that she does NOT leave the US for any reason whatsoever. It won't matter that she has a USC husband or USC children. The ban is triggered automatically the moment she leaves.

I understand this is a difficult time for her, but she should not delay in getting help.

Ian

scrubbedexpat099

Husband would be well advised not to sponsor her in this situation.

Amnesty seems the best bet.

Rete

Huh? Why does she qualify for amnesty? Do you know what country she is from. The brother never said.

Why should the husband not sponsor her for AOS if she is his wife?

scrubbedexpat099

Allimony

Child Care etc etc

I 864 obligations

Why would she not qualify for amnesty?

Marocco

What amnesty are you talking about?

meauxna

Those obligations exist regardless of her immigration status.

S Folinsky

Comment: I don't disagree with anything you say. However, I am wondering if hubby is a US citizen in the first place? She will have to prove that, among other things.

scrubbedexpat099

I did no think VAWA requires spouse to be a Citizen

Child Care is not going to be awarded if she gets deported

Amnesty, well it has been promised by the Dems, quite when is another issue

jammydogger

My sister has been in the US for 9yrs. She is a Jamaican National and she was 5mths pregnant when she went to US.

Her husband has a green card, He was born in Canada but moved to the US when he was a baby.

I don't think its so much as him not sponsoring her, they've been married 8 1/2 of those years. He clearly does not want to and I don't very much he would want to pay alimony

Its not so much the problem of her leaving the US as such but he won't allow her to leave with the kids. So she needs to get some kinda of legal status and we both believe he's never gonna sponsor her. Its a matter of trying to find a way to get her legal status. Atleast if that's the case they can work out a custody arrangement with the kids instead her having to worry about being deported, if they end up in court.

She's also said he even told her that he's seen an Attorney so if she wants to leave its fine but he'll get the kids.

What a mess!!!!!

Marocco

She can still file for VAWA if her husband is a permanent resident. However, she needs help from an immigration attorney, preferably one who has successfully handled VAWA cases in the past. See the womenslaw.org page on VAWA.