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My wife is on H4 (EAD approved), 1B I-140 approved. She has…

Customer Question
Hello My wife is on H4...
Hello
My wife is on H4 (EAD approved), I am H1B I-140 approved. She has got a restraining order on me and get a VAWA.
Is she eligible for a U VISA?will she get victim visa and greencard?I am not a US citizen nor green card holder.
Will she have to leave the country if dissolution is final? Is there a way she can stay in USA as she has legal custody of my child.
Submitted: 2 years ago.Category: Immigration Law
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Customer reply replied 2 years ago
H4 EAD is dependent EAD for I-140 approved H1 spouse to give them ability to work until the H1B visa holder is on a valid status.The priority date of GC is feb-2013.
Answered in 6 hours by:
3/7/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,888
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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.

As soon as the divorce is final, she would no longer have an H-4. If she helped the police and/or prosecutor against you in an abuse case, then yes, she could get a U visa and a green card eventually. Here are a few links:

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

https://www.uscis.gov/green-card/other-ways-get-green-card/green-card-victim-crime-u-nonimmigrant

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.

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Customer reply replied 2 years ago
Hello
She called the police, but the police did not find any marks on her body and did not contact me. What are the chances of getting U VISA?. The protective order from court trail say VAWA applied on the protective order.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

The chances are good only if she helps the police and/or prosecutor against you. If they do not certify her help, she cannot get the U status.

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!

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Customer reply replied 2 years ago
Question: My son is a US citizen (passport holder) - 8 years old. Will divorce effect his stay in the USA?
Mother has legal custody.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

No, it would not. He can stay, but if custody is given to your spouse and she wants to take him out of the U.S., she can. Sorry. You would need to fight for custody for him to stay.

Let me know if you need anything else, but please do not forget to rate me positively. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years 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!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Thank you for your kindness and respect. Good luck to you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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