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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105571
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My husband is an Indian citizen currently in US OIn H1B

Customer Question

Hi... My husband is an Indian citizen currently in US OIn H1B Visa and had filed for Green Card in Sept 2009
JA: Thanks. Can you give me any more details about your issue?
Customer: I got married to him on 23rd Dec 2015 and joined him in US on 25th Feb 2016....During my stay in US, he would mentally and emotionally torture me in different ways....however he would find ways to make remain quiet and not call the authorities......On the pretext of trying to work on our marriage, he sent me back to India.....and after few days sent me an ex patriate divorce on false grounds since i had travelled to us on H4 visa, my visa is no longer valid for me to travel back and fight a case against him in US
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Immigration Law
Customer: replied 7 months ago.
Hi... My husband is an Indian citizen currently in US OIn H1B Visa and had filed for Green Card in Sept 2009. I got married to him on 23rd Dec 2015 and joined him in US on 25th Feb 2016....During my stay in US, he would mentally and emotionally torture me in different ways....however he would find ways to make remain quiet and not call the authorities......On the pretext of trying to work on our marriage, he sent me back to India.....and after few days sent me an ex-patriate divorce on false grounds. Since i had traveled to us on H4 visa, my visa is no longer valid for me to travel back and fight a case against him in US. I need to stop his green card process temporarily to make him travel to India to face the litigation here. How do I do that ? Can i file a case against him in US Embassy for domestic violence ? What visa can I apply for to travel to US to fight a court case against him ? Please help
Customer: replied 7 months ago.
What are my rights as an ex wife of an immigrant to fight domestic violence done against me ?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay as I may also be assisting other customers at the same time and I read and type fast, but not that fast! Thank you for your patience.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Sorry for the delay. Did you report the abuse to the police? Is there any evidence of the abuse?
Customer: replied 7 months ago.
No....i did not report the abuse to the police....and I do have one phone conversation that my mother had with his sister where she was shouted at by them.....also....given the fact that the divorce was on false grounds and that my phone and emails were hacked by my husband and brother in law.......what can i do ??
Customer: replied 7 months ago.
the divorce was given to me on false grounds and basically malign my name......I have repeatedly asked for evidence but he has not shared any.....what can i do ??
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Well, unfortunately, not much, at least not to stop the green card process. You can obviously file your own divorce petition in your home country and make things difficult for him there, but unless you report him for abuse and can help the police in the U.S. against him, there isn't much that can be done. If you do report him and help, if he is convicted, that would prevent him from getting a green card and you could get a U visa to come and live in the U.S. Here is a link: https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status As far as your H-4, it is still valid as long as you are still legally married. So you technically could use it to come back and make him face you, so to speak. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 7 months ago.
So there is nothing that I can do ?? What about the fact that he divorced me on false grounds - basically fraud
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I didn't say there was nothing you could do. I gave you options. If you can prove abuse, through witnesses, a delayed police report, etc., you can report him to the police and help them which could derail his green card process and get you a U visa to come to the U.S. And your H-4 should still be valid. As to fighting the divorce, you should hire an attorney in the location where the divorce was filed to fight against the false allegations. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Thank you for your kindness and respect. Good luck to you.
Customer: replied 7 months ago.
Hi Guillermo,Sorry for the delay but am not very satisfied with the answer. Not sure how I can help the authorities in US when am I am here in India. He has sent me divorce papers from US and has no intention to come down to India for divorce formalities,Thanks for your time and patience in answering the question.Regards
Shanila
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I'd love to satisfy you, but "satisfy" does not always mean that there is a solution to your problem. The law may not have an easy solution to your problem and I should not be blamed for that. I took the time and effort to help you. You can still make a report to U.S. authorities even while you are in India. Also, you can hire an attorney in the U.S. to represent your interests and speak to the police to make the report for you, etc. So that is another option. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Customer: replied 7 months ago.
Thank you Guillermo. Appreciate your response.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
You are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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