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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109307
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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This is senmartin.. What kind of proof should a spouse

Customer Question

Hi this is for guillermo senmartin.. What kind of proof should a spouse provide in order to file I485 for herself and her child on the grounds of abuse and domestic violence by her spouse/father who is currently on EAD. And will the abusers case be questioned or will this lead to any harm or impact to the abusers future in any way, which I want to avoid completely.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. 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.

Your spouse is not a U.S. Citizen nor a U.S. Lawful Permanent Resident?

Customer: replied 1 year ago.
He is just on his way to be a permanent resident... Currently he's on his EAD few about 4 -6 months back, I think
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Then you cannot do a VAWA petition. You would have to do a U visa. Here is a link:

http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

So you have to get that status first before you can file for a green card. To get that status you will need to assist the police and/or prosecutor. If you do not because you don't want to cause problems for him, then unfortunately, you will not be able to get legal status on your own. I am truly sorry. I wish I had better news for you.

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. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 1 year ago.
Is it not an offense when a person does not include his legal wife and minor child when he applies I485 just for himself? If not for his wife atleast for his child?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

No. It is not a legal offense to not include a spouse or children in a petition for Residency. How is he getting Residency?

Customer: replied 1 year ago.
He will get residency from his GC via employment ... I'm also I140 approved on my GC via my employer, currently
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

So you have your own I-140 independent of his? Why don't you file your I-485 on your own? What is your current legal status?

Customer: replied 1 year ago.
I am on H1b now and I will file 485 when my priority date 9/15/2011 becomes current ... But just worried about delayed GC processes and my 15 year old daughter aging out and missing lot of education and career & financial aid opportunities because of her H4 status
Customer: replied 1 year ago.
In about a years time if he gets his GC status then can I file 485 for my daughter n child irrespective of being married or divorced? If so then, will there still be chances for him to get in trouble?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, you should maintain your H-1B status and thus keep your daughter in H-4, just in case. Also, because the I-485 does not require his signature nor his employer's signature, if you can get a hold of the copy of your husband's I-140 approval, you could try to file an I-485 for yourself and one for your daughter and your husband may not find out until it is too late. He does not have the authority to withdraw your I-485, and unless you divorce before approval, it should be approvable. You would need to file those I-485s before his I-485 is approved. If not, then you may have to follow your own process or do the U visa process.

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. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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!