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If a battered spouse who has been duped by her spouse into a…

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If a battered spouse who...
If a battered spouse who has been duped by her spouse into a visa overstay situation (he told her he had repeatedly renewed a B1/B2 visa - for more than 3 years) - utilizes the battered spouse provisions for green card application - is that not a quite reasonable thing to do??One lawyer suggested there could be legal jeopardy in doing that if the relationship eventually ends due to the abuse - but I didn’t quite understand the reason that would be viewed adversely - if it emanates from the abuse etc..??The hope is that the relationship can be saved - through counseling etc - but if things go downhill - we would not want our relative to be compromised by her residency application being viewed adversely by dint of a subsequent marital breakdown...Thanks!
Submitted: 8 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/12/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Sorry, I didn't see it was you. Are you looking for a second opinion? If you are, that's good. I can opt out for you so that another expert can answer. Just let me know.

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Customer reply replied 8 months ago
exactly - was seeking greater comfort and clarity around this challenging idea of seeking use of the battered spouse provisions - and then the concern about possible jeopardy if the abusove relationship didn’t last ...
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Ok. I will opt out. Good luck.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,031
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I am not clear on why the other attorney suggested legal jeopardy if you file the I-360.

Do you have proof of psychological abuse as a result of the lies told to you by your spouse regarding extension of stay?

Have you sought counseling about this and is the counselor willing to provide a report for USCIS regarding counseling for the lies your spouse has engaged in?

Judith

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