Need Help...walk away from my scary marriage or wait for Green Card

[shinyu1202]

Hi,
I hope I can get some advises here...
My husband is an alcoholic and when he gets drunk, he becomes very violent. I tried to live with it for almost one and half year and was hoping that one day he will get better.

However, things never get better...a few months ago, he got really drunk and threaten me with the machine gun and tried to choke me...(long story, I will make it short)...that night, he was arrested and DA charged him Domestic Violence.

Since then, I realize I cannot live with him anymore. We are separated right now (not legally) - just live separately. However, I want to file a divorce or separation with him but I am worried I will lose green card for this. I have a "conditional" green card and I am supposed to stay in the marriage for the next interview. Is there any way I can still get immigrated due to my situation?

Thanks,

Heather

[hadron]

You need help, in three respects.

1.) Talk to a domestic violence organisation/hotline etc. The police should have provided you with information on how to contact them.

2.) Talk to a good immigration attorney. There might be ways to preserve your GC through the 'battered spouse' provisions in immigration law. They put some rules in there for people in your situation so the 'shut up or I'll have you deported' threat doesn't catch. I don't know the details, but there might be hope for you.

3.) Get an order of protection against your husband. (The 'victims services' unit of the DA's office can help you to file that). Stay away from him, do not talk to him, if he shows up have him arrested, if he contacts you through friends in order to make peace, have him arrested for breaching the protection order. Don't register a phone or car in your name, move out of town, don't talk to common 'friends' and aquaintances.

It is better to be without a GC but alive than a corpse with citizenship.

[usnycus]

You can apply to waive the joint filing requirement (to remove the conditions on PR based on marriage).

Talk to lawyer/attorney and check following link:
http://uscis.gov/graphics/howdoi/remcond.htm

You can also get help from 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.

[shinyu1202]

Thank you! Hadron and Usnycus

[itsjustmeok]

It's a typical "battered spouse" case. Any good immigration attorney will help you get green card, without your husband... I personally handeled several while I was a legal assistant, all went through smoothly. Be sure to collect evidence, though. you need to demonstrate the marriage is genuine; you both intended to live together; police report of him beating you, etc.

Talk to a lawyer. If you are in LA, contact me and I will refer you to my lawyer